PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 1. AGENCY ADMINISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 1, Subchapter A, §1.14, Negotiated Rulemaking, without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5865). The rule will not republished.
The repeal removes a rule that is unnecessary as negotiated rulemaking procedures are laid out in Chapter 2008 of the Texas Government Code.
The Coordinating Board has the authority to repeal this rule under its general rulemaking authority granted by Texas Education Code, Section 61.027.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.
The adopted repeal affects Texas Administrative Code, Chapter 1, Subchapter A, Section 1.14, Negotiated Rulemaking.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405039
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6297
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 1, Subchapter W, §§1.260 - 1.268, concerning the Opportunity High School Diploma Advisory Committee, without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5865). The rules will not be republished.
The Coordinating Board adopted the establishment of the Opportunity High School Diploma Advisory Committee rule framework to advise and counsel the Coordinating Board and its governing board on the administration of the Opportunity High School Diploma through ongoing, structured review and recommendation of program components. The adopted new rules provide clarity and guidance around committee membership, meeting cadence, and charges.
Specifically, these new sections outline the authority and purpose, definitions, membership and officers, duration of the committee, meeting frequency, committee tasks, review requirement, committee recommendations, and the effective date of the rules.
Rule 1.260, Authority and Specific Purposes of the Opportunity High School Diploma Advisory Committee, authorizes the Coordinating Board to adopt rules under Texas Government Code, §2110.0012 and Texas Education Code, chapter 130, subchapter O. It states that the purpose of this new rule is to create an Advisory Committee to advise and counsel the Commissioner and Board on the Opportunity High School Diploma.
Rule 1.261, Definitions, defines words and terms that are key to the understanding and administration of the Advisory Committee.
Rule 1.262, Committee Membership and Officers, outlines the members that will make up the Advisory Committee. It specifies total number of members, eligibility criteria, membership and officer appointments, and term durations.
Rule 1.263, Duration, sets the term for the Advisory Committee and allows for its re-establishment.
Rule 1.264, Meetings, specifies a minimum of one Advisory Committee meeting per year and allows for special meetings to be called by the presiding officer.
Rule 1.265, Tasks Assigned to the Committee, lists the charges placed on the Advisory Committee to provide to the Board and Commissioner including those relating to general administration of the Opportunity High School Diploma, study and recommendations on program components, and identification of funding to help propagate the program. It also allows for additional charges to be issued by the Board or the Commissioner.
Rule 1.266, Requirement to Review, details the process and cadence to be followed by the Advisory Committee to review the Opportunity High School Diploma instructional outcomes, performance expectations, and assessments.
Rule 1.267, Recommendations, instructs the Advisory Committee to provide recommendations to the Board and Commissioner that help improve the Opportunity High School Diploma program.
Rule 1.268, Effective Date of Rules, states the date when this subchapter becomes effective.
No comments were received regarding the adoption of the new rules.
The new sections are adopted under Texas Education Code, Section 130.001, which provides the Coordinating Board with the authority to adopt rules and regulations for public junior colleges; and §61.026, granting the Coordinating Board authority to establish advisory committees.
The adopted new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 1, Subchapter W.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405040
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6344
SUBCHAPTER G. APPROVAL PROCESS FOR NEW DOCTORAL AND PROFESSIONAL DEGREE PROGRAMS
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 2, Subchapter G, §2.143, Submission of Planning Notification, without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5867). The rule will not be republished.
The adopted amendments provide an exception to the one-year waiting period after submitting a planning notification for professional programs if the institution has already received Board approval for the same degree or is acquiring the program from another public, private, or independent institution of higher education. This amendment will permit a faster path toward program approval for a program that has already been previously approved by the Board or is fully accredited and currently operating. There is a reduced need for long-term planning for a program that is currently in existence or operating. An institution is unlikely to need a full year to plan because it does not need to create the program, i.e. the program may require modification, but the essential elements required by board rule should already be in place for an approved or operating program.
Texas Education Code, §61.0512, states that a public institution of higher education may not offer any new degree program, including doctoral and professional degrees, without Board approval.
No comments were received regarding the adoption of the amendments.
The amendment is adopted under Texas Education Code, Sections 61.051 and 61.0512, which provide that no new degree program may be added at any public institution of higher education except with specific prior approval of the Coordinating Board.
The adopted amendments affect Texas Education Code, Sections 61.051 and 61.0512.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405042
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6431
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 2, Subchapter O, §§2.350 - 2.352 and 2.355 - 2.357, Approval Process and Required Reporting for Self-Supporting Degree Programs, without changes to the proposed text as published in the May 10, 2024, issue of the Texas Register (49 TexReg 3085). The rules will not be republished. Sections 2.353, 2.354 and 2.358 are adopted with changes and will be republished.
The new rules replace existing rules regarding approval of self-supported courses and programs in Chapter 4, Subchapter Q, relating to Approval of Off-Campus and Self-Supporting Courses and Programs for Public Institutions, which will be repealed under separate rule making. Self-supporting courses and programs have historically been integrated into distance education rules and processes despite self-supporting education not necessarily being delivered off-campus or through distance education. This separate subchapter emphasizes that regardless of the delivery method, self-supporting courses and programs have specific requirements to which they must adhere.
Rule 2.350, Purpose, establishes the purpose of the subchapter, to provide rules and regulations for public institutions of higher education delivering self-supporting programs.
Rule 2.351, Authority, contains the legal authority for Chapter 2, Subchapter O, which is contained in Texas Education Code, §§61.0512(c), 61.059(a), and 61.051.
Rule 2.352, Definitions, provides key definitions related to self-supporting programs and program funding models. Additional general definitions related to program approval can be found in Chapter 2, Subchapter A, §2.3.
Paragraph (1) ("Degree Program Funding Model") provides clarity for the field as to what is being referenced in the rules.
Paragraph (2) ("Formula Funded Degree Program"), and paragraph (5) ("Self-Supporting Degree Program") provides definitions that emphasize that an entire degree program or just a track within an existing degree program is subject to requirements based on the funding model for the degree or track.
Paragraph (3) ("Formula Funding"), amended from §4.272 with additional Education Code references.
Paragraph (4) ("Self-Supporting Courses and Programs"), amended from §4.272 to clarify that they are funded through assessment of fees to the student.
Rule 2.353, Standards and Criteria for Delivery of Self-Supporting Courses and Programs, establishes basic criteria for institutions to adhere to when delivering self-supporting programs. This section amends and simplifies existing standards criteria in §§4.274 - 4.277 and limits standards and criteria to those applicable only to self-supporting courses, certificates, and degree programs.
Rule 2.354, Approval of New Self-Supporting Programs and Tracks, outlines the process for applying for a new degree program with a self-supported funding model or with a self-supported track embedded in the new proposed program. To streamline requirements for institutions, institutions include the funding model information and costs for the degree program in the new degree program request form. This process is already in place through the Coordinating Board's new program approval forms.
Rule 2.355, Approval of Changes to Degree Program Funding Models, outlines the process for institutions to request changes to an existing approved degree program's funding model. Clarity added here emphasizes that a degree program funding model change could be changing the funding model entirely or adding a new funding model track to the degree program. The intent of this clarity is to (1) recognize that changing or adding a funding structure of a program is a significant departure from how the program was originally approved and (2) to ensure any new costs to the program for students is still in alignment with the existing general criteria for program approval as outlined in §2.5 of this subchapter relating to General Criteria for Program Approval.
Previous rules approved by the Board in January 2023, and effective September 1, 2023, specify that changing a funding model of a degree program is a substantive change and therefore changes to degree program funding models must adhere to requirements in §2.9(a)-(b) of this subchapter relating to Revision and Modifications to an Approved Program.
Rule 2.356, Modifications and Phase Out of Self-Supporting Programs, clarifies that requests to phase out or modify existing self-supporting programs, other than as outlined in §2.355, institutions shall follow the same requirements as outlined in §2.9 of this subchapter relating to Revision and Modifications to an Approved Program.
Rule 2.357, Reporting of Self-Supporting Courses, Certificates and Degree Programs, amends current required reporting for self-supporting programs in the CBM 00X as currently outlined in §4.274(5)-(6) and clarifies that required reporting includes courses in self-supported tracks of degree programs. There has been limited reporting of existing self-supporting courses in degrees and tracks across the state despite this reporting currently being a requirement in rule. To maintain an up-to-date program inventory for public institutions, the Coordinating Board must collect the appropriate information from institutions.
Rule 2.358, Effective Dates, lists the effective dates for each rule section.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rule.
Rule 2.353 is amended to include language related to minimum tuition and fees required for self-supporting courses and programs. This language was inadvertently left out of the original rule. The Coordinating Board did receive a comment requesting that this continue to be omitted from the rules, however upon legal review, it was determined that there are no exceptions for self-supporting programs in Texas Education Code, Chapter 54, relating to Tuition and Fees.
Rule 2.354(a)(1) is amended to correct formatting of Chapter 2 cite.
Rule 2.358 is amended to correct rule effective date section references and update the timeline to ensure that adoption of self-supporting rules does not happen in the middle of an academic semester, and that mandatory reporting requirements are delayed for one year to ensure the agency and the institutions have time to implement the reporting requirements.
The following comment was received regarding the adoption of the new rule:
Comment: The University of Texas System submitted a request to continue to omit language in the current rules from the new rules related to requiring institutions to charge a minimum tuition and fees for self-supporting programs.
Response: Upon legal review, it was determined that there are no exceptions for self-supporting programs in Texas Education Code, Chapter 54, relating to Tuition and Fees.
The new sections are adopted under Texas Education Code (TEC), §61.0512(c), which charges the Coordinating Board with ensuring that proposed academic programs have adequate financing from legislative appropriations or other sources of funding. TEC, §61.059(a), also charges the Coordinating Board to implement funding policies that allocate resources efficiently and provide incentives for programs of superior quality and provide incentives for supporting the master plan developed under TEC, §61.051.
The adopted new sections affect Texas Education Code, §§61.051, 62.051(c), and 61.059(a).
§2.353.Standards and Criteria for Delivery of Self-Supporting Courses and Programs.
An institution of higher education enrolling students in a self-supporting course or program shall:
(1) Comply with the standards and criteria of one of the THECB-recognized regional accrediting organizations as defined in §4.192 of this chapter (relating to Recognized Accrediting Organizations);
(2) Ensure each instructional site for a self-supporting program be of sufficient quality for the programs and courses offered;
(3) Provide each student with equivalent academic support services as a student enrolled in a formula-funded course or program;
(4) Select and evaluate faculty by equivalent standards, review, and approval procedures used by the institution to select and evaluate faculty responsible for formula funded courses and programs; and
(5) Charge tuition and fees for self-supporting courses, degree programs, and program tracks not less than required by Texas Education Code, chapter 54, Tuition and Fees.
§2.354.Approval of New Self-Supporting Programs and Tracks.
(a) Requests for Self-Supporting Status for New Programs.
(1) A Public Community or Technical College, Public University, or Health Related Institution may request Coordinating Board approval to offer a degree program or track under self-supporting status in its application materials for the proposed program. The determination of self-supporting status will be approved according to the same approval levels required for the proposed new program approval outlined in chapter 2 of this title (relating to Academic and Workforce Education) and any applicable criteria under this subchapter.
(2) Board Staff will evaluate the request for self-supporting status according to:
(A) Program Approval. A proposed new program, including one that is self-supported or has a proposed self-supporting track, is subject to approval according to the criteria listed in §2.5 of this subchapter (relating to General Criteria for Program Approval).
(B) Self-Supporting Status. An institution that proposes to offer a degree program as self-supporting is subject to the additional criteria and approval under this subchapter.
(b) Approval. If the request for self-supporting status is approved for the new degree program, Coordinating Board staff will add the program to the institutions' inventory of programs maintained and publicly available for each public institution.
§2.358.Effective Dates.
(a) Sections 2.350 - 2.356 are effective May 15, 2025.
(b) Section 2.357 is effective November 1, 2025.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405043
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: May 10, 2024
For further information, please call: (512) 427-6182
SUBCHAPTER G. STRATEGIC PLANNING AND GRANT PROGRAMS RELATED TO EMERGING RESEARCH AND/OR RESEARCH UNIVERSITIES
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 5, Subchapter G, §§5.120 - 5.122, concerning the purpose and authority, definitions, and submission of a strategic plan for achieving recognition as a research university, without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5868). The rules will not be republished.
This repeal removes these rules from Chapter 5 with the intent to place them in Chapter 15, Research Funds, to group rules related to research. The Coordinating Board intends to adopt a separate forthcoming subchapter relating to the submission of the required strategic plans and update the rules for clarity for the institutions.
The Coordinating Board has statutory authority to adopt rules relating to the submission of long-term strategic plans for research or emerging research universities under Texas Education Code, Section 51.358.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 51.358, which provides the Coordinating Board with the authority to adopt rules to administer the submission of long-term strategic plans for research or emerging research universities.
The adopted repeal affects Texas Education Code, Section 51.358.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405044
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6344
SUBCHAPTER B. FAMILY PRACTICE RESIDENCY PROGRAM
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 10, Subchapter B, §§10.50, 10.52 - 10.55, and 10.57, Family Practice Residency Program, with changes to the proposed text as published in the August 16, 2024, issue of the Texas Register (49 TexReg 6129). The rules will be republished. Sections 10.51, 10.56, and 10.58 are adopted without changes and will not be republished.
The new rules are a revision of existing rules in Chapter 6, Subchapter A, which will be repealed in future rulemaking after the current grant cycle is completed. The new rules include updated sections to ensure consistency with the administration of other grant programs. The Coordinating Board used negotiated rulemaking to develop these rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.
Rule 10.50, Purpose, establishes the purpose for the subchapter is to administer the Family Practice Residency Program grant designed to improved organization and consistency for Coordinating Board grant program rules overall, and improved rules for the application, review, and awarding of funds of the Family Practice Residency grant program.
Rule 10.51, Authority, establishes authority for this subchapter is found in Texas Education Code, Sections 61.501 - 61.506, which grants the Coordinating Board with authority to adopt rules to administer the grant program.
Rule 10.52, Definitions, defines terms related to administration of the grant program.
Rule 10.53, Eligibility, establishes eligibility criteria to receive grant funding.
Rule 10.54, Application Process, describes the main criteria that must be included in the grant application.
Rule 10.55, Evaluation of Applications, establishes selection criteria for awards.
Rule 10.56, Grant Awards, establishes how grant funding is awarded and defines allowable expenditures.
Rule 10.57, Reporting, establishes reporting requirements for grantees.
Rule 10.58, Additional Requirements, establishes criteria for returning unspent funds at the end of the grant term.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rules.
Section 10.50, Purpose, is amended to include clarification of which requests for applications the new subchapter applies to.
Section 10.52, Definitions, is amended to add paragraphs (6), (10), and (13) support grant program definitions to clarify the different components of the program. Paragraph (7), Medicalluy Underserved, is amended per the recommendation of the Texas Medical Association.
Section 10.53, Eligibility, is amended by replacing proposed eligibility language with current eligibility language based on stakeholder feedback that the current eligibility language is clearer.
Section 10.54, Application Process, is amended to provide clarity on terms not well defined.
Section 10.55(b)(1), Evaluation of Applications, is amended to provide clarity on what type of evidence is required for the evaluation of applications by the advisory committee.
Section 10.57, Reporting, is amended to replace Support Program with Faculty Support Program.
The following comments were received regarding the adoption of the new rules:
Comment from the Texas Medical Association (TMA) regarding section 10.52(6), definition of "medical school:" TMA expressed concerns that the proposed definition does not include the UT Tyler School of Medicine and two other private medical schools. TMA proposed adding a specific reference to UT Tyler's medical school as well as the two additional private medical schools that are potentially eligible for grants from the FPRP.
Response: The Coordinating Board thanks the Texas Medical Association (TMA) for its comment but cannot deviate from current statute regarding section 10.52(6), definition of "medical school" in the proposed rules.
Comment from the Texas Medical Association (TMA) regarding section 10.52(7), definition of "medically underserved:" TMA expressed concerns that the proposed definition's origins and validation of the proposed methodology are not provided. TMA indicated it is not aware of any entity that currently uses this methodology and that background information on the origin and validation of this methodology should be made available to the public. TMA offered an alternative definition below:
(7) Medically Underserved - Patient populations that experience challenges in accessing medical services due to the lack of adequate health insurance coverage or no insurance coverage, who have a low economic status as can reasonably be determined by the residency program, or experience other access barriers such as a shortage of available services. Access barriers may be demonstrated through references to existing federal designations such as a Medically Underserved Area, as that term is defined in Tex. Gov't Code §487.251.
Response: The Coordinating Board thanks TMA for the comment and agrees to accept this proposed definition.
Comment from Texas Medical Association regarding section 10.52(11), definition of "support grant program:" TMA expressed concerns about the lack of clarity in the definition.
Response: The Coordinating Board thanks the TMA for its comment and agrees to amend section 10.52, Definitions, to remove a general definition of "support grant program" and add the following specific definitions of types of support grant programs.
Faculty Support Grant is an annual, renewable grant to support an ongoing statewide program to encourage research and leadership development of faculty of Texas family practice residency programs. The advisory committee may recommend funding amounts for faculty support grants.
Add Definitions:
Rural Rotation Reimbursement Grant is a grant to reimburse program costs, recognize participation, and encourage rural practice location for resident physicians in training at nationally accredited Texas family practice residency programs. Funding is provided to offset costs associated with residents completing an optional one-month rotation in a rural setting in Texas.
Public Health Rotation Reimbursement Grant is a grant to reimburse program costs, recognize participation, and encourage future public health commitments for residents in training at nationally recognized Texas family practice residency programs. Funding is provided to offset costs associated with residents completing an optional one-month rotation in a public health setting in Texas.
Comment from Texas Medical Association (TMA) regarding section 10.53, Eligibility: TMA expressed concerns that the existing eligibility in the current grant rules are more clearly defined and should be retained. TMA also expressed concerns that the term "viability" in the proposed rules which it suggested has a different meaning than in the current language. TMA provided alternative rule language that was a modified version of the current rules.
Response: The agency agrees to amend the language to clarify eligibility criteria in section 10.53, Eligibility, as follows:
(a) To be considered for a Family Practice Residency Operational Grant, a medical school, licensed hospital, or nonprofit corporation requesting an Operational Grant must at a minimum:
(1) Show that the residency program is accredited by the Accreditation Council for Graduate Medical Education (ACGME) as a family practice residency program;
(2) Conform to Board criteria and expenditure reporting guidelines for a Family Practice Residency Operational Grant;
(3) Provide evidence that the residency program has been operational for three or more academic years immediately preceding the application for funds;
(4) Document continuing local financial support for the program;
(5) Document expenditures and revenue for the program to substantiate funding needs; and
(6) Submit annual progress reports on the training program to the Coordinating Board that demonstrate the training program's efforts to recruit residents likely to practice in medically underserved areas of the state and the program's encouragement of residents to enter practice in medically underserved areas of the state.
(b) A Faculty Support Grant may be provided to a medical school, licensed hospital, or nonprofit corporation to operate and maintain the Family Practice Faculty Development Center. The Center may be supported through federal, state, and other funds. To be considered for a Faculty Support Grant, a medical school, licensed hospital, or nonprofit corporation must:
(1) Conform to Board guidelines for Family Practice Residency Faculty Support Grant Programs;
(2) Give evidence that the program to be funded has been operational for three or more academic years immediately preceding the application for funding; and
(3) Report on the expenditure of Faculty Support Grant funds in the Annual Expenditure Report.
(c) Requirements for Rural or Public Health Reimbursement Grants.
(1) Submit notification of a resident's intent to complete a rural or public health rotation, two-months prior to the beginning of the rotation;
(A) Provide evidence that the program sponsored a resident in a rural or public health rotation;
(B) Submit evaluations and request for funds upon completion of the rotation;
(C) Document expenditures for reimbursement in accordance with Board guidelines; and
(D) Report on receipt and expenditures information on completed rural rotations on the Annual Expenditure Report.
Comment from Texas Medical Association (TMA) regarding 10.54, Application Process: TMA seeks clarification on terms in this section not well defined.
Response: The Coordinating Board thanks TMA for its comment and has amended section 10.54, as follows, to improve clarity for items not well defined in the Application Process.
(a) Operational Grants.
(1) An eligible program must submit an application to the Board. Each application must:
(A) be submitted electronically in a format specified by the Board;
(B) be submitted with documented approval of the President or Chief Executive Officer or designee on or before the day and time specified by the Coordinating Board.
(2) Applications must include:
(A) The projected number of family practice residents enrolled if grant funds are awarded;
(B) A budget that includes resident compensation, professional liability and other direct resident costs; and
(C) Evidence of support for the residency program by the entity receiving the grant.
(b) Rural or Public Health Reimbursement Grants.
(1) Submit notification of a resident's intent to complete a rural or public health rotation, two-months prior to the beginning of the rotation;
(A) Provide evidence that the program sponsored a resident in a rural or public health rotation; and
(B) Submit evaluations and request for funds upon completion of the rotation.
Comment from Texas Medical Association (TMA) regarding section 10.55, Evaluations of Applications: TMA expressed concerns about use of the term "evidence-based determination."
Response: The agency thanks TMA for its comment and agrees to amend the language in section 10.55(b)(1) as follows: "Evidence that the proposed program will be able to effectively provide medical care in medically underserved areas and training to family practice residency physicians."
The new sections are adopted under Texas Education Code, Sections 61.501 - 61.506, which provide the Coordinating Board with rulemaking authority for administration of the grant program.
The adopted new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 10, Subchapter B.
§10.50.Purpose.
The purpose of this subchapter is to implement the Family Practice Residency Program to administer awards to Texas medical schools, licensed hospitals, or nonprofit corporations aimed to increase the number of physicians selecting family practice as their medical specialty and to fulfill the goal of increasing access to medical care in medically underserved communities in Texas. This subchapter applies to any request for applications distributed on or after November 1, 2024, for the associated grant program.
§10.52.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Advisory Committee--The Family Practice Residency Advisory Committee as created and described in Texas Education Code §61.505.
(2) Approved Family Practice Residency Program--A family practice residency program, as described in Texas Education Code, §61.501(2).
(3) Board--The governing body of the agency known as the Texas Higher Education Coordinating Board.
(4) Commissioner--The Texas Commissioner of Higher Education.
(5) Coordinating Board--The agency known as the Texas Higher Education Coordinating Board and its staff.
(6) Faculty Support Grant--An annual, renewable grant to support an ongoing statewide program to encourage research and leadership development of faculty of Texas family practice residency programs. The advisory committee may recommend funding amounts for faculty support grants.
(7) Medical school--An eligible medical institution as identified in Texas Education Code, §61.501(1).
(8) Medically Underserved--Patient populations that experience challenges in accessing medical services due to the lack of adequate health insurance coverage or no insurance coverage, who have a low economic status as can reasonably be determined by the residency program, or experience other access barriers such as a shortage of available services. Access barriers may be demonstrated through references to existing federal designations such as a Medically Underserved Area, as that term is defined in Tex. Gov't Code, §487.251.
(9) Operational Grant--An annual, renewable grant to support the educational activities of a fully accredited family practice residency programs.
(10) Public Health Rotation Reimbursement Grant--A grant to reimburse program costs, recognize participation, and encourage future public health commitments for residents in training at nationally recognized Texas family practice residency programs. Funding is provided to offset costs associated with residents completing an optional one-month rotation in a public health setting in Texas.
(11) Resident Physician--A physician contractually obligated to a Texas medical school, Texas licensed hospital, or non-profit corporation operating in Texas to receive residency education and training for a specified period.
(12) Rural--A location in Texas that is eligible for Federal Office of Rural Health Policy grant programs.
(13) Rural Rotation Reimbursement Grant--A grant to reimburse program costs, recognize participation, and encourage rural practice location for resident physicians in training at nationally accredited Texas family practice residency programs. Funding is provided to offset costs associated with residents completing an optional one-month rotation in a rural setting in Texas.
(14) Urban--Any area in Texas that is not rural, as defined in this section.
§10.53.Eligibility.
(a) To be considered for a Family Practice Residency Operational Grant, a medical school, licensed hospital, or nonprofit corporation operating in Texas requesting an Operational Grant must at a minimum:
(1) Show that the residency program is accredited by the Accreditation Council for Graduate Medical Education (ACGME) as a family practice residency program;
(2) Conform to Coordinating Board criteria and expenditure reporting guidelines for a Family Practice Residency Operational Grant;
(3) Provide evidence that the residency program has been operational for three or more academic years immediately preceding the application for funds;
(4) Document continuing local financial support for the program;
(5) Document expenditures and revenue for the program to substantiate funding needs; and
(6) Submit annual progress reports on the training program to the Coordinating Board that demonstrate the training program's efforts to recruit residents likely to practice in medically underserved areas of the state and the program's encouragement of residents to enter practice in medically underserved areas of the state.
(b) A Faculty Support Grant may be provided to a medical school, licensed hospital, or nonprofit corporation operating in Texas to operate and maintain the Family Practice Faculty Development Center. The Center may be supported through federal, state, and other funds. To be considered for a Faculty Support Grant, a medical school, licensed hospital, or nonprofit corporation operating in Texas must:
(1) Conform to Coordinating Board guidelines for Family Practice Residency Faculty Support Grant Programs;
(2) Give evidence that the program to be funded has been operational for three or more academic years immediately preceding the application for funding; and
(3) Report on the expenditure of Faculty Support Grant funds in the Annual Expenditure Report.
(c) Requirements for Rural or Public Health Reimbursement Grants. To be reimbursed for a family practice resident's rural or public health rotation, a Texas family practice residency program must:
(1) Submit notification of a resident's intent to complete a rural or public health rotation, two-months prior to the beginning of the rotation;
(2) Provide evidence that the program sponsored a resident in a rural or public health rotation;
(3) Submit evaluations and request for funds upon completion of the rotation;
(4) Document expenditures for reimbursement in accordance with Board guidelines; and
(5) Report on receipt and expenditures information on completed rural or public health rotations on the Annual Expenditure Report.
§10.54.Application Process.
(a) Operational Grants.
(1) An eligible program must submit an application to the Coordinating Board. Each application shall:
(A) be submitted electronically in a format specified by the Coordinating Board;
(B) be submitted with documented approval of the President or Chief Executive Officer or designee on or before the day and time specified by the Coordinating Board.
(2) Each applications must include:
(A) The projected number of family practice residents enrolled if grant funds are awarded;
(B) A budget that includes resident compensation, professional liability and other direct resident costs; and
(C) Evidence of support for the residency program by the entity receiving the grant.
(b) Rural or Public Health Reimbursement Grants. A Texas family practice residency program must:
(1) Submit notification of a resident's intent to complete a rural or public health rotation, two-months prior to the beginning of the rotation;
(2) Provide evidence that the program sponsored a resident in a rural or public health rotation; and
(3) Submit evaluations and request for funds upon completion of the rotation.
§10.55.Evaluation of Applications.
(a) Applications for Family Practice Residency Program grants shall be reviewed and evaluated by the Family Practice Residency Advisory Committee.
(b) The Advisory Committee's review shall include the following:
(1) Evidence that the proposed program will be able to effectively provide medical care in medically underserved areas and training to family practice residency physicians;
(2) Existing and anticipated costs and funding for new and existing programs requesting funding; and
(3) The program's performance in:
(A) improving the distribution of family physicians throughout the state;
(B) providing care to medically underserved urban or medically underserved rural areas of Texas; and
(C) encouraging residents to practice in medically underserved urban or medically underserved rural areas of the state.
(c) The Advisory Committee shall submit their recommendations to the Board for approval and funding of Operational, Reimbursement and Faculty Support Grant Programs.
§10.57.Reporting.
(a) Each grantee shall file program narrative, expenditure, and resident roster reports in a format on or before the day and time specified by the Coordinating Board.
(b) No later than ninety (90) days after the end of the Operational Grant or Faculty Support Grant Program, the grantee shall conduct a post award audit. The post award audit shall include a review of program goals and grant expenditures. To fulfill this requirement, a grantee shall submit the following reports to the Coordinating Board:
(1) A final narrative report on the grant program's efforts to recruit residents likely to practice in medically underserved urban or medically underserved rural areas of the state and the program's encouragement of residents to enter practice in medically underserved urban or medically underserved rural areas of the state addressing the needs of communities or regions; and
(2) A final expenditure report for all expended grant funds. The final expenditure report must include an attestation from Grantee that all expenditures were allowable expenses pursuant to law and regulation.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405046
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 16, 2024
For further information, please call: (512) 427-6182
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 10, Subchapter H, Texas Emergency and Trauma Care Education Partnership Program, §10.170, with changes to the proposed text as published in the August 16, 2024, issue of the Texas Register (49 TexReg 6132). The rule will be republished. Sections 10.171 - 10.179 are adopted without changes and will not be republished.
The new rules are a revision of existing rules in Chapter 6, Subchapter E, which will be repealed in future rulemaking after the current grant cycle is completed. The new rules include updated sections to ensure consistency with administration of other grant programs. The Coordinating Board used negotiated rulemaking to develop these rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.
Rule 10.170, Purpose, establishes the purpose for the subchapter is to administer the Texas Emergency and Trauma Care Education Partnership Program.
Rule 10.171, Authority, establishes authority for this subchapter is found in Texas Education Code, §§61.9801 - 61.9807, which grants the Coordinating Board with authority to adopt rules to administer the grant program.
Rule 10.172, Definitions, defines terms related to administration of the grant program.
Rule 10.173, Eligibility, establishes eligibility criteria to receive grant funding.
Rule 10.174, Application Process, describes the main criteria that must be included in the grant application.
Rule 10.175, Evaluation of Applications, establishes selection criteria for awards.
Rule 10.176, Grant Awards, establishes how grant funding is awarded and defines allowable expenditures.
Rule 10.177, Reporting, establishes reporting requirements for grantees.
Rule 10.178, Additional Requirements, establishes criteria for returning unspent funds at the end of the grant term.
Rule 10.179, Administrative Costs, provides direction on how funds can be appropriated for administrative costs of the grant program.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rules.
Rule 10.170, Purpose, is amended to include clarification of which requests for applications the new subchapter applies to.
No comments were received regarding the adoption of the new rules.
The new sections are adopted under Texas Education Code, Chapter 61, Subchapter HH, Sections 61.9801 - 61.9807, which provide the Coordinating Board with rulemaking authority for administration of the grant program.
The adopted new sections affect Texas Education Code, Sections 61.9801 - 61.9807.
§10.170.Purpose.
The purpose of this subchapter is to administer the Texas Emergency and Trauma Care Education Partnership Program to provide and oversee grants to eligible entities to meet the needs of the state of Texas for doctors and registered nurses. This subchapter applies to any request for applications distributed on or after November 1, 2024, for the associated grant program.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405047
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 16, 2024
For further information, please call: (512) 427-6182
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 10, Subchapter J, Minority Health Research and Education Grant Program. Section 10.210 is adopted with changes to the proposed rule text as published in the August 16, 2024, issue of the Texas Register (49 TexReg 6135). The rule will be republished. Sections 10.211 - 10.218 are adopted without changes and will not be republished.
The new rules are a revision of existing rules in Chapter 6, Subchapter C, §6.74, which will be repealed in future rulemaking. The new rules include updated sections to ensure consistency with the administration of other grant programs. The Coordinating Board used negotiated rulemaking to develop these rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.
Rule 10.210, Purpose, establishes the purpose for the subchapter is to administer the Minority Health Research and Education Grant Program.
Rule 10.211, Authority, establishes authority for this subchapter is found in Texas Education Code, §§63.301 - 63.302, which provide the Coordinating Board with authority to adopt rules to administer the grant program.
Rule 10.212, Definitions, defines terms related to administration of the grant program.
Rule 10.213, Eligibility, establishes eligibility criteria to receive grant funding.
Rule 10.214, Application Process, describes main criteria that must be included in the grant application.
Rule 10.215, Evaluation of Applications, establishes selection criteria for awards.
Rule 10.216, Grant Awards, establishes how grant funding is awarded and defines allowable expenditures.
Rule 10.217, Reporting, establishes reporting requirements for grantees.
Rule 10.218, Additional Requirements, establishes criteria for returning unspent funds at the end of the grant term.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rules.
Rule 10.210, Purpose, is amended to include clarification of which requests for applications the new subchapter applies to.
No comments were received regarding the adoption of the new rules.
The new sections are adopted under Texas Education Code, Sections 63.301 - 63.302, which provide the Coordinating Board with the authority to adopt rules to administer the Minority Health Research and Education Grant Program.
The adopted new sections affect Texas Administrative Code, Chapter 10, Subchapter J.
§10.210.Purpose.
The purpose of this subchapter is to administer the Minority Health Research and Education Grant Program to eligible entities to meet the needs of the state of Texas. This subchapter applies to any request for applications distributed on or after November 1, 2024, for the associated grant program.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405049
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 16, 2024
For further information, please call: (512) 427-6182
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 10, Subchapter K, Nursing, Allied Health and Other Health-Related Education Grant Program. Sections 10.230, 10.233, and 10.238 are adopted with changes to the proposed text as published in the August 16, 2024, issue of the Texas Register (49 TexReg 6137) and will be republished. Sections 10.231, 10.232, and 10.234 - 10.237 are adopted without changes and will not be republished.
The new rules are a revision of existing rules in Chapter 6, Subchapter C, §6.73, which will be repealed in future rulemaking. The new rules include updated sections to ensure consistency with the administration of other grant programs. The Coordinating Board used negotiated rulemaking to develop these rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.
Rule 10.230, Purpose, establishes the purpose for the subchapter is to administer the Nursing, Allied Health and Other Health-Related Education Grant Program.
Rule 10.231, Authority, establishes authority for this subchapter is found in Texas Education Code, §§63.201 - 63.203, which grant the Coordinating Board with authority to adopt rules to administer the grant program.
Rule 10.232, Definitions, defines terms related to administration of the grant program.
Rule 10.233, Eligibility, establishes eligibility criteria to receive grant funding.
Rule 10.234, Application Process, describes main criteria that must be included in the grant application.
Rule 10.235, Evaluation of Applications, establishes selection criteria for awards.
Rule 10.236 Grant Awards, establishes how grant funding is awarded and defines allowable expenditures.
Rule 10.237, Reporting, establishes reporting requirements for grantees.
Rule 10.238, Additional Requirements, establishes criteria for returning unspent funds at the end of the grant term.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rules.
Section 10.230, Purpose, is amended to include clarification of which requests for applications the new subchapter applies to.
Section 10.233, Eligibility, is amended to align with statutory eligibility criteria through 2027.
Section 10.238, Additional Requirements, subsection (c) is amended to mirror requirements in Chapter 10, Subchapter J (concerning Minority Health Research and Education Grant Program).
No comments were received regarding the adoption of the new rules.
The new sections are adopted under Texas Education Code, Sections 63.201 - 63.203, which grant the Coordinating Board with authority to adopt rules to administer the grant program.
The adopted new sections affect Texas Administrative Code, Chapter 10, Subchapter K.
§10.230.Purpose.
The purpose of this subchapter is to administer the Nursing, Allied Health and Other Health-Related Education Grant Program to provide and oversee grants to eligible entities to meet the needs of the state of Texas. This subchapter applies to any request for applications distributed on or after November 1, 2024, for the associated grant program.
§10.233.Eligibility.
(a) General Eligibility.
(1) Eligible institutions include public institutions of higher education that offer upper-level academic instruction and training in the fields of nursing, allied health, or other health-related education.
(2) Institutions or components identified under Texas Education Code, §§63.002(c) and 63.101, are not eligible to receive funding through the grant program.
(3) Eligible programs include nursing, allied health or other health-related initiatives, including those that expand existing academic programs, develop new or existing activities and projects, and are not funded by state appropriation during the funding period.
(b) Alternative eligibility criteria through August 31, 2027.
(1) For the fiscal biennium ending on August 31, 2025, and the fiscal biennium ending on August 31, 2027, eligible programs include programs at two-year institutions of higher education, four-year general academic teaching institutions, health-related institutions, and independent or private institutions of higher education, or a nursing resource section established under §105.002(b) of the Health and Safety Code that prepare students for initial licensure as registered nurses or programs preparing qualified faculty members with a master's or doctoral degree.
(2) The Coordinating Board shall prioritize institutions proposing to address the shortage of registered nurses by:
(A) Preparing students for initial licensure as registered nurses; or
(B) Preparing qualified faculty members with a master's or doctoral degree.
(c) Institutions and programs shall meet any other eligibility criteria set forth in the RFA.
§10.238.Additional Requirements.
(a) A grant award is automatically terminated if the grantee is placed on probation by the Texas Board of Nursing or loses its status as an approved professional nursing program. The grantee shall immediately return all unexpended grant funds.
(b) Each grantee shall return any award funds remaining unspent at the end of the grant term as set forth in the RFA or Notice of Grant Agreement (NOGA) to the Coordinating Board within ninety (90) calendar days after written demand or an earlier due date if specified by the RFA.
(c) Each grantee shall return or repay to the Coordinating Board any award funds that the State determines an eligible institution improperly expended on items not listed in the RFA or otherwise prohibited by law within the time frame and subject to the requirements set forth in the RFA.
(d) The Commissioner may take the following actions if a grantee fails to comply with requirements set forth in the RFA:
(1) Reduce the grant award;
(2) Require the grantee to return unspent grant funds;
(3) Amend the grant agreement; or
(4) Terminate the grant agreement.
(e) The RFA may set forth additional return or reimbursement of fund requirements and termination provisions.
(f) The Coordinating Board may retain returned and reimbursed funds for the next RFA.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405050
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 16, 2024
For further information, please call: (512) 427-6182
SUBCHAPTER A. OPPORTUNITY HIGH SCHOOL DIPLOMA PROGRAM
19 TAC §§12.3, 12.5, 12.7, 12.8, 12.10 - 12.12
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments and new sections in Title 19, Part 1, Chapter 12, Subchapter A, Opportunity High School Diploma Program, §12.5 and §12.11, with changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5869). The rules will be republished. Sections 12.3, 12.7, 12.8, 12.10, and 12.12 are adopted without changes and will not be republished.
The adopted amendments provide additional information and guidance on program components, institutional requirements, and administration of the program.
The Coordinating Board adopts amendments to the Opportunity High School Diploma Program rules to provide additional guidance regarding the program application and approval processes for institutions seeking to offer the Opportunity High School Diploma program; detail the instructional outcomes and performance expectations for the five competencies listed in §12.5(c) of this subchapter; provide clarity on the approval and publishing of assessments to determine student achievement; list institutional reporting requirements; establish ongoing review and revision of the program; and outline program revocation guidelines.
Rule 12.3, Definitions, is amended to add definitions for Application and Career and Technical Education, and to update the definition for Public School District.
Rule 12.5, Program Requirements, is amended to clarify the type of career and technical education programs that are permissible for concurrent enrollment purposes. The amendment also specifies where the required instructional outcomes and performance expectations for each of the five core program competencies will be detailed and establishes the approved assessments.
Rule 12.7, Program Approval Process, is amended to provide additional information on the application process that eligible entities must follow to qualify for consideration to offer the Opportunity High School Diploma. The amendment also notes that the maximum number of program approvals shall not exceed what is set forth in Texas Education Code, §130.454(c).
Rule 12.8, Required Reporting, is amended to detail the required reporting a participating public junior college will have to submit to the Coordinating Board including data and information requirements, additional reports, and report submission schedule.
Rule 12.10, Approval of a Request to Deliver an Opportunity High School Diploma Program, details the approval process that the Coordinating Board must follow once an application to offer an Opportunity High School Diploma program has been received. It sets forth a timeline for Assistant Commissioner and Commissioner approval, denial, or allowance for an institution to address deficiencies in a proposed diploma program. The rule also outlines an appeals process and respective timeline for denied applications and sets forth an implementation period for approved programs.
Rule 12.11, Program Review and Revision, instructs the Coordinating Board to convene the Opportunity High School Diploma Advisory Committee no less than one time per year to review and recommend revisions to the instructional outcomes, performance expectations, and assessments. It details where the Coordinating Board shall list approved revisions and instructs approved colleges to update or revise their programs accordingly and provide documentation of such within ninety days.
Rule 12.12, Revocation of Authorization, states the Commissioner's authority to revoke a college or consortium's authorization to offer an Opportunity High School Diploma. It lists the factors that can lead to revocation, sets a requirement for a written notice of proposed revocation or revocation status, grants the right to a hearing and details the process and timelines for such, and allows for appeal of a revocation to the Board.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rule.
Rules 12.5(c) and 12.11(c)(1) are updated to reflect an updated URL address where the instructional outcomes and performance expectations for the five core program competencies are detailed.
Rule 12.5(d)(4) replaces Figure 19 TAC §12.5(d)(4) due to technical corrections applied to the approved assessments.
No comments were received regarding the adoption of the amendments and new rules.
The amendments and new sections are adopted under Texas Education Code, Section 130.458, which provides the Coordinating Board with the authority to adopt rules as necessary to implement the Opportunity High School Diploma Program.
The adopted amendments and new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 12, Subchapter A, Sections 12.3, 12.5, 12.7, 12.8, and 12.10 - 12.12.
§12.5.Program Requirements.
(a) General Requirements. The Opportunity High School Diploma Program is an alternative competency-based high school diploma program to be offered for concurrent enrollment to an adult student without a high school diploma who is concurrently enrolled in a career and technical education program at a public junior college. The program may include any combination of instruction, curriculum, internships, or other means by which a student may attain the knowledge sufficient to adequately prepare the student for postsecondary education or additional workforce education.
(b) A student shall be concurrently enrolled in a program that is defined as a CTE certificate in §2.262 of this title (relating to Certificate Titles, Length, and Program Content), other than a Level 2 Certificate, Enhanced Skills Certificate, or an Advanced Technical Certificate.
(c) Curricular Requirements. An approved public junior college shall embed required instructional outcomes and performance expectations in the program. A public junior college may also add curricular elements designed to meet regional employers' needs or specific workforce needs. Required instructional outcomes and performance expectations are detailed at https://reportcenter.highered.texas.gov/contracts/workforce-education/opportunity-high-school-diploma-instructional-outcomes-and-performance-expectations/ for the five core program competencies. Core program competencies shall include:
(1) Quantitative Reasoning, including the application of mathematics to the analysis and interpretation of theoretical and real-world problems to draw relevant conclusions or solutions.
(2) Communication Skills, including reading, writing, listening, speaking, and non-verbal communication.
(3) Civics, including the structure of government, processes to make laws and policies, constitutional principles of checks and balances, separation of powers, federalism, and rights and responsibilities of a citizen.
(4) Scientific Reasoning, including problem-solving that involves forming a hypothesis, testing the hypothesis, determining and analyzing evidence, and interpreting results.
(5) Workplace Success Skills, including dependability, adaptability, working with others, initiative, resilience, accountability, critical thinking, time management, organizing, planning, problem-solving, conflict resolution, and self-awareness.
(d) Prior Learning and Program Completions. A public junior college approved to offer this program shall determine each student's competence in each of the five core program competencies set out in subsection (c) of this section prior to enrolling the student in the program of instruction and upon the student's completion of the program of instruction.
(1) The program of instruction assigned to each student will be based on the student's prior learning and assessments of the student's competencies for each of the five core program competencies set out in subsection (c) of this section. An institution may determine that a student has satisfied required learning outcomes for one or more core program competencies based on the student's prior learning.
(2) An institution may use any of the following methods as documentation of a student's prior learning in the five core program competencies:
(A) transcripted high school grades;
(B) transcripted college credit;
(C) achievement on a national standardized test such as the SAT or ACT;
(D) credit earned through military service as recommended by the American Council on Education; or
(E) demonstrated success on pre-program assessments.
(3) The Commissioner shall identify, consider, and approve assessments, in consultation with the Texas Workforce Commission, to be used by a public junior college to determine a student's successful achievement of the five core program competencies and completion of the program.
(4) Assessments approved by the Commissioner are listed in Figure 1.
Figure: 19 TAC §12.5(d)(4) (.pdf)
(5) A public junior college that is approved to offer the program shall use an approved assessment to evaluate each student's competence in the five core program competencies as required under subsection (c) of this section.
(e) Instructional Outcomes. A public junior college that is approved to offer the program shall embed the required instructional outcomes into their curriculum as required under subsection (c) of this section.
(f) Performance Expectations. A public junior college that is approved to offer the program shall embed the performance expectations into their curriculum as required under subsection (c) of this section.
(g) Location of Program. Subject to approval under this subchapter, a public junior college may enter into agreement with one or more public junior colleges, general academic teaching institutions, public school districts, or nonprofit organizations to offer this program. The public junior college may offer this program at any campus of an entity subject to an agreement to offer this program.
(h) Award of High School Diploma. A public junior college participating in the program shall award a high school diploma to a student enrolled in this program if the student satisfactorily completes an approved assessment that provides evidence of competence in the five core program requirements as required under this rule. A high school diploma awarded under this program is equivalent to a high school diploma awarded under Texas Education Code, §28.025.
§12.11.Program Review and Revision.
(a) The Coordinating Board shall convene the Opportunity High School Diploma Advisory Committee not less than annually to review the instructional outcomes, performance expectations, and assessments for each of the five core program competencies.
(b) The Advisory Committee shall recommend revisions to the instructional objectives, performance expectations, and assessments to the Commissioner.
(c) The Commissioner shall consider the Advisory Committee's recommendations.
(1) Upon approval by the Commissioner, the revised instructional outcomes and performance expectations pertaining to §12.5(c) of this subchapter (relating to Program Requirements) shall include the date of approval and be posted at https://reportcenter.highered.texas.gov/contracts/workforce-education/opportunity-high-school-diploma-instructional-outcomes-and-performance-expectations/.
(2) Upon approval by the Commissioner, the revised list of assessments pertaining to §12.5(d)(4) of this subchapter shall include the date of approval and be detailed in Figure 1 of this subchapter.
(d) A public junior college approved to offer the Opportunity High School Diploma shall update or revise its program as necessary to meet any approved revisions and provide documentation to Coordinating Board of such revisions within ninety days of the effective date.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405051
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6344
SUBCHAPTER G. TUITION AND FEES
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rule in Title 19, Part 1, Chapter 13, Subchapter G, §13.122, Tuition and Fees, with changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5457). The rule will be republished.
This new section outlines the manner in which nonresident tuition rates are established, including an alternate nonresident tuition rate that general academic teaching institutions may request to use.
The Coordinating Board is authorized to adopt rules as necessary for the administration of nonresident tuition rates by Texas Education Code (TEC), Section 54.075. The Coordinating Board used negotiated rulemaking to develop these rules. The Coordinating Board makes reports of negotiated rulemaking committees available upon request.
Rule 13.122(a) indicates the authorizing statutes for the creation of this new rule.
Rule 13.122(b) indicates the definitions necessary for the administration of this new rule, aligning to other proposed published rules pertaining to different types of campuses.
Rule 13.122(c) indicates that nonresident tuition rates provided by the applicable provisions of Texas Education Code, Chapters 51 and 54, including those outlined throughout rule 13.122, apply to any student who does not demonstrate residency, regardless of citizenship, as dictated by Texas Education Code, §54.051(m).
Rule 13.122(d) indicates the timing of when the Coordinating Board will publish the annual nonresident tuition rate and summarizes the students to whom the nonresident rate applies. This subsection replaces rule 21.2(a), which is proposed for repeal.
Rule 13.122(e) indicates the manner by which the Coordinating Board will calculate the nonresident tuition rate, as dictated by Texas Education Code, §54.051(d). This subsection replaces rule 21.2(b), which is proposed for repeal.
Rule 13.122(f) indicates the manner in which the Coordinating Board administers Texas Education Code, §54.0601. The Coordinating Board used negotiated rulemaking to develop this subsection of the new rule.
Paragraph (1) indicates the conditions under which a general academic teaching institution may request to use the alternate nonresident tuition rate at its parent institution (defined in rule 2.383). Eligibility to request to use the alternate nonresident tuition rate at the parent institution is based on the parent institution's 100-mile proximity to the border of Texas and another U.S. state. It is not based on the geographic location of an off-campus educational site. If approved, the alternate nonresident tuition rate applies only to the general academic teaching institution's on-campus students (defined in rule 2.383). If a student qualifies for the alternate nonresident rate, then the rate may be applied to any of the student's coursework at the general academic teaching institution. This level of detail is provided to help ensure consistent administration of the rule across the multiple general academic teaching institutions eligible to participate.
Paragraph (2) indicates the conditions under which a general academic teaching institution may request to use the nonresident tuition rate at its off-campus educational site(s) (defined in rule 2.383). The Board included a separate subsection for off-campus educational sites to provide clarity that the request and approval process, along with the applicability of the alternate tuition rate, is unique to the specific site. Eligibility to request to use the alternate nonresident tuition rate at an off-campus educational site is based on that site's location within 100-miles of a border between Texas and another U.S. state and is requested separately from the parent institution. An off-campus educational site is eligible for consideration if the site offers at least one off-campus degree program (defined in rule 2.383). If approved, the alternate nonresident tuition rate applies only to the general academic teaching institution's eligible off-campus students (defined in rule 2.383) whose off-campus degree program is offered through the off-campus educational site. If a student qualifies for the alternate nonresident rate, then the rate may be applied to any of the student's coursework at the general academic teaching institution. This level of detail is provided to help ensure consistent administration of the rule across the multiple general academic teaching institutions eligible to participate.
Paragraph (3) indicates that the alternate nonresident tuition rate applies only to those nonresident students for whom the Coordinating Board is responsible for calculating a nonresident tuition rate, as determined by Texas Education Code, §54.051.
Paragraph (4) indicates the impact that using an alternate nonresident tuition rate will have on the calculation of formula funding, as dictated by Texas Education Code, §61.059.
Paragraph (5) indicates the process by which institutions may request to use the alternate nonresident tuition rate. Such a request can be understood as having three main components: methodology, scope, and rationale. First, institutions will provide a methodology by which they will calculate the alternate nonresident tuition rate. This methodology can be for a full biennium (i.e. a calculable relationship between the alternate nonresident rate and other tuition rates), or institutions may submit annual requests with discrete alternate nonresident tuition rates. Second, the institution also must define the scope of its use of the alternate nonresident tuition rate. This includes the specific educational site for which the request is being made (institutions with multiple eligible education sites must submit separate requests for each) and state(s) from which nonresident students would receive the requested alternate rate. The alternate nonresident tuition rate is limited to students who reside in a U.S. state of which any portion is within a 135-mile radius of the educational site for which the request is being submitted. This operationalizes guidance previously provided by the Coordinating Board after the statute was originally created. The Coordinating Board views this restriction as a reasonable measure to prevent unreasonable harm to other institutions of higher education. Finally, institutions also must provide their justification for requesting the alternate rate by providing explanations of why offering the rate is in the best interest of the institution and why it would not cause unreasonable harm to another institution, which are required by statute. This information will be used in the Coordinating Board's review and approval process.
Paragraph (6) indicates the Coordinating Board's review and approval process for requests. The Coordinating Board may deny or approve the request, in whole or in part, within 30 calendar days of receiving the request. Institutions may not offer or publish the alternate rate until after they have received approval from the Coordinating Board.
Paragraph (7) indicates the minimum allowable nonresident tuition rate, which is consistent with the minimum rate established in rule 21.2264(d), which is proposed for repeal.
Paragraph (8) indicates that institutions will continue to report the use of the alternate nonresident tuition rate as a waiver to minimize any potential impact on long-standing reporting requirements.
Paragraphs (9) through (11) allow students who were previously granted the alternate tuition rate to continue to receive the rate under subsection (f) if they may no longer qualify following adoption of the proposed rule. These subsections provide a "grandfathering" period through the 2029-2030 academic year, while institutions realign their practices with the new rule. The grandfathering period is established to minimize the financial impact of the rule change on current students, and it requires that the student stay continuously enrolled and that the institution continues to be approved for the alternate nonresident tuition rate.
Subsequent to the posting of the rules in the Texas Register, the following changes are incorporated into the adopted rule.
Subsection (b) was updated to include the full definitions for the terms rather than cite to §2.383 of this title. This change was made because the adoption of §2.383 has been delayed, so the citation would not yet be operative. The definitions included are identical to those posted for public comment for proposed §2.383 and were presented in this form to the negotiated rulemaking committee. The committee reached consensus on using these definitions.
Subsection (f)(5) was updated to correct an error in the citation.
No comments were received regarding the adoption of the new rule.
The new section is adopted under Texas Education Code, Section 54.075, which provides the Coordinating Board with the authority to adopt rules to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B.
The adopted new section affects Texas Education Code, Sections 54.051 and 54.0601.
§13.122.Determination of Tuition Rate for Nonresident Students.
(a) Authorizing Statute. The Coordinating Board's responsibilities regarding tuition rates for nonresident students are authorized through Texas Education Code, §54.051, "Tuition Rates," and §54.0601, "Nonresident Tuition Rates at Certain Institutions," and the Coordinating Board is authorized to adopt rules by §54.075.
(b) The following words and terms, when used in this section, shall have the following meanings:
(1) Off-Campus Degree Program--A degree program that delivers fifty (50) percent or more of required instruction or coursework in-person at an off-campus educational site.
(2) Off-Campus Educational Site--A location where an institution delivers required instruction for a credit-bearing course, certificate, or degree program in person. For a public university, health-related institution, or a Lamar state college, an off-campus educational site is any location outside the parent institution. For a community college (public junior college), an off-campus educational site is a site outside the public junior college service area. An off-campus educational site includes, but is not limited to:
(A) Branch Campus--For a university, a major, secondary location of an institution offering multiple programs usually with its own administrative structure and usually headed by a dean. A branch campus must be established by the Legislature or approved by the Board. A junior college branch campus is approved and operated in accordance with Texas Education Code, chapter 130, subchapter K, and Board rules.
(B) Extension Center--For Texas State Technical College, as defined in §11.3(5) of this title (relating to Definitions), a site, operating under the administration of a campus, that has an extension program.
(C) Multi-Institution Teaching Center (MITC)--For a university, an off-campus educational unit administered under a memorandum of understanding (MOU) between two or more institutions of higher education. It may also involve one or more private or independent institution of higher education. It has minimal administration and locally provided facilities.
(D) Regional Academic Health Center (RAHC)--A special purpose campus of a parent health-related institution(s) that may be used to provide undergraduate clinical education, graduate education, including a residency training program, or other level of medical education in specifically identified counties.
(E) Single Institution Center--An off-campus educational unit administered by a single parent institution. It has minimal administration and locally provided facilities.
(F) Special Purpose Campus--A major, secondary location of an institution offering programs related to specific and limited field(s) of study, usually with its own administrative structure and usually headed by a dean. Regional Academic Health Centers are considered special-purpose campuses. Special Purpose Campuses must be established by the Legislature or approved by the Board.
(G) University System Center (USC)--An off-campus educational unit administered by a single university system comprised of two or more of the system's parent institutions. A memorandum of understanding must be established between all parties that governs the operations of the USC. It has minimal administration and locally provided facilities.
(3) Off-Campus Student--A regularly enrolled student who is admitted to an institution and fifty (50) percent or more of the student's instruction is delivered in person at an off-campus location.
(4) On-Campus Student--A regularly enrolled student who is admitted to an institution and fifty (50) percent or more of instruction is delivered at an institution's main campus or on one or more of the campuses within a multi-campus public junior college.
(5) Parent Institution--The primary campus or campuses of an institution of higher education providing courses, certificates, and degree programs at an off-campus educational site.
(c) In accordance with Texas Education Code, §54.051(m), the tuition rates for nonresident students that are provided by the applicable provisions of Texas Education Code, chapters 51 and 54, will be applied to any student who does not demonstrate residency per chapter 21, subchapter B of this title (relating to Determination of Resident Status), regardless of the student's citizenship.
(d) Prior to January 1 of each calendar year in which the academic year begins, or as soon thereafter as is practicable, the Coordinating Board shall determine the minimum nonresident tuition rate per subsection (e) of this section, and report the rate to the appropriate institutions, pursuant to Texas Education Code, §51.051(d). This minimum rate generally applies to nonresident students enrolled in general academic teaching and health-related institutions, unless Texas law provides for a different rate to be applied to a particular program or student.
(e) The minimum nonresident tuition rate set per semester credit hour per subsection (d) of this section, is calculated as dictated by Texas Education Code, §54.051.
(f) Alternate Nonresident Tuition Rate. General academic teaching institutions, as defined by Texas Education Code, §61.003, "Definitions," are eligible to request an alternate nonresident tuition rate that is lower than otherwise calculated by subsection (d) of this section.
(1) A general academic teaching institution may request an alternate nonresident tuition rate if the primary physical address of the parent institution is located within a 100-mile radius of the boundary of Texas with another U.S. state. If approved, this nonresident tuition rate applies only to the institution's on-campus students but includes students taking courses at both the parent institution and its off-campus educational sites.
(2) A general academic teaching institution may request an alternate nonresident tuition rate if the primary physical address of an off-campus educational site offering at least one off-campus degree program is located within a 100-mile radius of the boundary of Texas with another U.S. state. If approved, this nonresident tuition rate applies only to the institution's off-campus students enrolled in an off-campus degree program offered at the approved off-campus educational site but includes students taking courses at both the parent institution and its off-campus educational sites.
(3) The nonresident tuition rate under this subsection may be applied only to nonresident students who would otherwise be charged the minimum nonresident tuition rate or a multiplier of such rate. This includes undergraduate, graduate, law school, nursing and allied health profession, optometry, and undergraduate and graduate pharmacy students. It does not include M.D., D.O., D.D.S, or D.V.M. students.
(4) For an institution that charges a nonresident tuition rate under this subsection, the Coordinating Board may not include in a formula under Texas Education Code, §61.059, "Appropriations," funding based on the number of nonresident undergraduate students enrolled at the institution in excess of 10 percent of the total number of undergraduate students enrolled at the institution.
(5) In order to utilize a nonresident tuition rate under this subsection, the governing board of the institution, or designee if permitted by law, must submit a written request to the Coordinating Board that includes:
(A) the proposed methodology for determining the nonresident tuition rate that the institution will use under this subsection;
(B) the academic year(s) within a legislative biennium for which the general academic teaching institution is requesting approval to use the non-resident tuition rate under this subsection;
(C) the primary physical address of the parent institution or off-campus educational site offering at least one off-campus degree program that is located within a 100-mile radius of the boundary of Texas with another state and at which the general academic teaching institution proposes to use the nonresident tuition rate under this subsection;
(D) the U.S. state or states, of which any portion is within a 135-mile radius of the parent institution or off-campus educational site provided under subparagraph (C) of this paragraph, to whose residents the institution proposes to apply the nonresident tuition rate under this subsection;
(E) an explanation of why offering a nonresident tuition rate under this subsection is in the best interest of the institution; and
(F) an explanation of why offering a nonresident tuition rate under this subsection will not cause unreasonable harm to any other institution of higher education, as defined by Texas Education Code, §61.003, "Definitions."
(6) The Commissioner shall review the requested tuition rate and determine if it is in the best interest of the institution and whether it would cause harm to any other institution. The Commissioner may deny or approve, in whole or in part, an institution's request, and will communicate his or her decision in writing to the requesting institution within thirty (30) calendar days of the Coordinating Board's receipt of the institution's request. To the extent approved by the Commissioner, the institution shall utilize the nonresident tuition rate under this subsection for residents of the eligible state or states included in the Commissioner's approval during the academic year(s) stated in the approval. Requests must be approved by the Commissioner prior to offering or publishing an alternate nonresident tuition rate to eligible students by the institution.
(7) The nonresident tuition rate approved for a general academic teaching institution by the Coordinating Board under this subsection may not be less than $30 more than the resident tuition rate outlined in Texas Education Code, 54.051(c).
(8) The difference between the nonresident tuition rate set annually by the Coordinating Board, under subsection (c) of this section, and an alternate nonresident tuition rate approved under this subsection shall be reported by the institution as a waiver on relevant Coordinating Board data submissions.
(9) General academic teaching institutions who received Commissioner approval to offer a nonresident tuition rate under former §21.2264 of this title (relating to General Academic Teaching Institutions Located within 100 Miles of the Texas Border) for the 2024 - 2025 academic year prior to August 31, 2024, may continue to offer the approved nonresident tuition rate in the 2024 - 2025 academic year to individuals who qualified and established eligibility pursuant to §21.2264 as it existed prior to repeal.
(10) If an individual received a nonresident tuition rate under former §21.2264 prior to the 2025 - 2026 academic year that was approved by the Commissioner, and is no longer eligible to receive the nonresident tuition rate based on this subsection, then the institution may continue to offer the nonresident tuition rate based on this subsection to that individual if that individual remains continuously enrolled and the institution has Commissioner approval to offer the nonresident tuition rate under this subsection for the applicable academic year.
(11) Paragraph (10) of this subsection expires at the end of 2029 - 2030 academic year.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405052
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 13, Subchapter M, §13.303, concerning Total Research Expenditures, with changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5873). The rule will be republished. Sections 13.302, 13.304, and 13.305 are adopted without changes and will not be republished.
Specifically, amendments clarify the reporting of total research expenditures to the Coordinating Board for use in state research funding allocations for the Comprehensive Research Fund, National Research Support Fund, Texas University Fund (TUF), and certain health related institution funding formulas (e.g., research enhancement formula and certain mission specific performance based research formulas). The rules provide direction to general academic teaching institutions with a health related institution that submit a singular annual financial report on how to allocate their research expenditures. The Coordinating Board used negotiated rulemaking to develop these rules. The Coordinating Board will make reports of negotiated rulemaking committees available upon request.
Rule 13.302, Definitions, lists definitions pertinent to research expenditure reporting. The addition of paragraph (10), "Health Related Institutions," adds a more commonly used term for this category of institutions, improving the readability of the rule, using this term throughout the rules in place of "medical and dental units."
Paragraph (11), "Institutional Fund Expenditures," adds additional detail on Institutional Fund Expenditure sources (tobacco settlement receipts and patient income) and removes language about unrecovered indirect costs. This had been included to align reporting with the National Science Foundation Higher Education Research and Development survey. However, due to institutions' concerns about disclosure of information that could be confidential under state or federal law, the amendment deletes the mandatory collection of data on unrecovered indirect cost.
Paragraph (15), "Private Expenditures," removes language about ineligible expenditures because this is addressed in the research expenditure survey definition in paragraph (19).
Revisions to paragraphs (16), "Research and Development (R&D)," and (18), "Research Expenditures or Expenditures," clarify the language but do not change the meaning.
The amendments to paragraph (19), "Research Expenditures or Expenditures," remove duplicative language, add adjustments for ineligible expenditures, remove unrecovered indirect expenditures, and clarify that the pass-throughs referred to occur in Texas.
A statutory citation is added to paragraph (21), "Sources and Uses Template," for clarity.
Paragraph (23), "State and Local Government Expenditures," is amended to add patient income and its statutory citation because there have been questions about how patient income is categorized.
Paragraph (24), "State of Texas Contracts and Grants," is clarified with the addition of grants to the listing of expenditures in this category.
Rule 13.303, Standards and Accounting Methods for Determining Total Research Expenditures, amendments reorganize the section to clarify that the new subsection (a) applies to all institutions of higher education, replaces expenses with expenditures in all instances, and adds clarifying detail on types of eligible expenditures, such as capital outlay for research equipment. New subsection (b) applies to the general academic teaching institutions with a health related institution that submit a singular annual financial report and provides detail on how to allocate their research expenditures. This methodology takes into account stakeholder feedback, basing the reporting of research expenditures on the appointment of the investigators, and will go into effect beginning with fiscal year 2025. Subsection (c) is the previous subsection (a) language with no substantive change.
Rule 13.304, Reporting of Total Research Expenditures, removes the word "public," since the statutory definition of institution of higher education is a Texas public institution (Texas Education Code, §61.003(8)).
Rule 13.305, Institutional Reporting of Total Research Expenditures by Funding Source, clarifies certain terms, removes the concept of a "narrow" definition of research and development expenditures, and removes reference to unrecovered indirect costs.
Subsequent to the posting of the rules in the Texas Register, the following change is incorporated in the adopted rules.
Rule 13.303(b) is amended to clarify the definition of general academic teaching institutions with a health related institution for purposes of reporting research expenditures. The amendment incorporates a reference to the General Appropriations Act to specify exactly which health related institutions are affected.
No comments were received regarding the adoption of the amendments.
The amendment is adopted under Texas Education Code, Section 62.053, which provides the Coordinating Board with the authority to prescribe standards and accounting methods for determining the amount of total research funds expended.
The adopted amendment affects Texas Education Code, Sections 61.0662, 62.053, 62.095, 62.134, 62.1482.
§13.303.Standards and Accounting Methods for Determining Total Research Expenditures.
(a) Research expenditure reporting for all institutions of higher education. Each institution shall reconcile its research expenditures from the AFR to the total R&D expenditures of the Research Expenditure Survey by a:
(1) Decrease of the AFR total by the amount of R&D expenditures that do not meet the definition of R&D expenditures used in the Coordinating Board's Research Expenditure Survey, such as pass-throughs to other general academic teaching institutions, health related institutions, and other agencies of higher education in Texas.
(2) Increase of the AFR total by the amount of recovered indirect costs associated with expenditures for R&D as reported through the Research Expenditure Survey.
(3) Increase of the AFR total by the amount of capital outlay for research equipment, not including R&D plant expenditures or construction.
(4) Increase of the AFR total by the amount of expenditures for conduct of R&D made by an institution's research foundation, or 501(c) corporation on behalf of the institution, and not reported in the institution's AFR, including recovered indirect costs and capital outlay for research equipment.
(5) Increase of the AFR total to include expenditures, including recovered indirect costs and capital outlay for research equipment related to research performed by the agency or institution but reported by a separate agency or institution that received and expended the funding. The agency or institution that received and expended the funding but did not perform the research must make a corresponding decrease of its AFR total for this amount. This accounting event is not a pass-through to subrecipient as defined in §13.302(14) of this subchapter (relating to Definitions).
(b) This subsection applies to the general academic teaching institutions with a health related institution as defined in §13.302(10) of this subchapter (relating to Definitions); that is listed as a health related institution in the General Appropriations Act, Special Provisions Relating only to State Agencies of Higher Education; and that submit a singular annual financial report.
(1) Research expenditures shall be reported separately by the general academic teaching institution and health related institution using a methodology that allocates amounts to the general academic teaching institution and health related institution according to the proportion of the expenditures attributed to the principal investigator and any co-investigators.
(2) The primary appointment of each investigator shall determine to which entity (the general academic teaching institution or health related institution) the investigator's allocated expenditures are assigned and reported.
(3) Subsection (b) of this section will take effect beginning with the reporting of expenditures made during fiscal year 2025.
(c) R&D expenditures for Texas A&M University include consolidated expenditures from Texas A&M University and its service agencies.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405054
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6548
SUBCHAPTER C. STRATEGIC PLANNING RELATED TO EMERGING RESEARCH AND RESEARCH UNIVERSITIES
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 15, Subchapter C, §§15.50 - 15.52, Strategic Planning Related to Emerging Research and Research Universities, without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5876). The rules will not be republished.
Specifically, the new subchapter replaces the repealed Title 19, Part 1, Chapter 5, Subchapter G, §§5.120 - 5.122, concerning Strategic Planning and Grant Programs Related to Emerging Research and/or Research Universities. The new language updates certain definitions and gives authority to the Commissioner to determine the requirements for research strategic plans submitted to the Coordinating Board.
Rule 15.50, Purpose and Authority, describes the purpose and authority of the subchapter.
Rule 15.51, Definitions, defines the terms used in the rule. Revisions update certain definitions to the most current terminology. Paragraph (3) is a new definition for the Coordinating Board to specify distinct actions taken by the agency or staff that are separate from actions taken by the governing board of the Texas Higher Education Coordinating Board. Paragraph (4), Research Strategic Plan, modifies the definition to prescribe that the specifications of the plan are approved by the Commissioner of Higher Education, per the delegation of the Board in rule 15.52(a).
Rule 15.52, Submission of a Strategic Plan for Achieving Recognition as a Research University, describes the process, required minimum elements of a plan, and timing for submission of a research strategic plan. The amendments to previous rule language clarify that the Board delegates authority to the Commissioner to determine the required elements of the plan. The rule prescribes that, at a minimum, the plan must include elements relating to an institution's research enterprise, doctoral programs, and faculty. These elements provide a broad guideline for the Commissioner to then approve additional or more specific requirements for the institutions. By providing the authority for the Commissioner to designate the required elements of the report, the Commissioner may consider current statewide needs and trends rather than maintaining a static list of elements.
The rule prescribes that these elements be approved by the Commissioner by October 1 the year prior to the required submission date, which is set at April 1, 2025. Setting a starting date for the submission of plans and a future schedule within the rule provides clarity for institutions on when the reports are due on a standard timeline.
No comments were received regarding the adoption of the new rules.
The new sections are adopted under Texas Education Code, Section 51.358, Long-Term Strategic Plan for Research University or Emerging Research University, which provides the Coordinating Board with the authority to adopt rules for the administration of the section.
The adopted new sections affect Texas Education Code, Section 51.358.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405056
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6548
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 17, Subchapter A, §17.3, Definitions, without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5878). The rule will not be republished.
Changes from existing definitions include the removal of the following definitions:
Educational and General (E&G) Building Replacement Estimate (existing paragraph (11)) and Institution-Wide Building Replacement Estimate (existing paragraph (12)), as these will now be included with the definition for the Building Replacement Estimate Report (as listed below).
Campus Master Plan (existing paragraph (14)), as the current methodology for capturing capital planning is within the Capital Expenditure Plan definition.
Committee (existing paragraph (19)) as the Board no longer has a Committee review facilities projects.
Energy Systems (existing paragraph (27)) as no longer in use.
Project Review (existing paragraph (47)) as the Board does not conduct project reviews.
Adopted rules add the following new definitions:
Paragraphs (8) and (20) specify two distinct entities: "Board," meaning the nine-member appointed governing body of the Texas Higher Education Coordinating Board and "Coordinating Board," meaning the state agency, including agency staff, as a whole. Separating these terms improves the readability and precision of the rules contained in Chapter 17 and allows the Coordinating Board to make a distinction between actions taken by the governing body and the agency, including agency staff, as a whole.
Paragraph (31), Health-related institution, adds a definition for a health-related institution as defined by Texas Education Code, §61.003(5).
Paragraph (51), Space Projection Model, adds a definition for the Space Projection Model, as it is a required report under rule 17.100(1) and is currently used by the Legislature for formula funding and facilities related purposes. It also is used as a standard by which a facilities project is reviewed by an institution's Board of Regents.
Adopted amendments to existing definitions include the following:
Paragraph (10), Building Efficiency, and paragraph (52), Space Use Efficiency, amend the definitions of both rules to specify the language use of the word "efficiency", since the term is used in two different ways. Paragraph (10) adds the word "building" to specify that this definition is referring to building efficiency, whereas, paragraph (52) adds the word "efficiency" to clarify that this definition is referring to "space usage efficiency", a report that is a required under rule 17.100(2).
Paragraph (11), Building Replacement Estimate Report, adds more detail as to whom the audience of the report is and how the report Is calculated.
Paragraph (12), Campus Condition Report, adds more detail as to whom institutions should provide the report to in accordance with Texas Education Code, §61.05821.
Paragraph (14), Capital Expenditure Plan (MP1), includes an additional project type (information resource project) to match projects as listed in rule 17.101, regarding Institutional Reports.
Paragraph (27), Facilities Audit, redefines the definition of an audit to clarify what is included and the authority reference that audits fall under.
Paragraph (13), Capital Construction Assistance Projects, renames the former Tuition Revenue Bonds Project to Capital Construction Assistance Projects as provided for in Texas Education Code, §55.111 and §§55.171 - 55.17991.
Adopted changes to the Texas Administrative Code, Chapter 17, Section A, §17.3, also provide subsequent reorganization and renumbering.
No comments were received regarding the adoption of the new rule.
The new section is adopted under Texas Education Code, Sections 61.0572 and 61.058, which provide the Coordinating Board with the authority to conduct the facilities programs governed by Chapter 17.
The adopted new section affects Texas Administrative Code, Chapter 17, Subchapter A, §17.3.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405059
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6548
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 17, Subchapter A, §17.3, Definitions, without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5877). The rule will not be republished.
The Coordinating Board intends to adopt a separate rule relating to definitions to reorganize and improve readability and accuracy of the definitions used for resource planning. The Coordinating Board has statutory authority to adopt rules relating to resource planning and facilities under Texas Education Code, §§61.0572 and 61.058.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Sections 61.0572 and 61.058, which provide the Coordinating Board with the authority to conduct the facilities programs governed by Chapter 17.
The adopted repeal affects Texas Administrative Code, Chapter 17, Section A, §17.3, Definitions.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405060
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6548
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 17, Subchapter B, Reporting Requirement, §17.20 and §17.21, without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5881). The rules will not be republished.
The adopted amendments clarify terminology used in this subchapter and align the rule more closely with statute and practice.
Rule 17.20(a) and (b) and rule 17.21(1), (2), and (4) add the term "Coordinating" before the existing nomenclature of "Board" to align with definition changes in Subchapter A that specify the three distinct entities of the Board, Coordinating Board, and Board staff. This amendment clarifies the roles and responsibilities of each entity in rule.
Rule 17.20(a)(3) updates the property purchases reporting threshold from $1 million to $5 million to align with the reporting threshold update established in Section 11.03 of the FY 2024-25 General Appropriations Act.
Rule 17.21, Submission Procedures, removes "and the project complies with applicable state and federal requirements as listed on the form," since the authority to approve a facilities project rests with an institution's Board of Regents under Texas Education Code, Chapter 51, Subchapter T. The Coordinating Board's authority rests in a permissive review of purchases of improved real property (Texas Education Code, §61.0572(d)) and construction, repair, or rehabilitation of buildings and facilities (Texas Education Code, §61.058(b)). The Coordinating Board currently does not review these projects and solely collects data on the facilities projects at institutions of higher education.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Education Code, Sections 61.0572 and 61.058, which provide the Coordinating Board with the authority to conduct the facilities programs governed by Texas Administrative Code, Title 19, Part 1, Chapter 17.
The adopted amendments affect the reporting threshold for improved real property purchases and align Coordinating Board referencing language in congruency with other Board rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405061
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6548
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 17, Subchapter C, §§17.30 - 17.32, relating to Project Standards without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5883). The rules will not be republished.
Adopted amendments throughout this subchapter align terminology with forthcoming new definitions in subchapter A, which separate out the meaning of "Board," "Coordinating Board," and "Coordinating Board Staff or Board Staff." Separate definitions improve clarity of roles and responsibilities in Coordinating Board rules.
Rule 17.30(2) and §17.31(2) adds the term "Coordinating" to the existing term "Board" to align with definition changes in Subchapter A that specify the three distinct entities of the Board, Coordinating Board, and Board staff.
Rule 17.30(4)(B)(ii), deletes the term "THECB" and replaces the term with "Board" to align with definition changes in Subchapter A.
Rules 17.30(1), 17.31(1), and 17.32(1) deletes the specificity of the use of "Board's" as it relates to the space projection model, which is defined in Subchapter E under Board reports.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Education Code, Sections 61.0572 and 61.058, which provide the Coordinating Board with the authority to conduct the facilities programs governed by Texas Administrative Code, Title 19, Part 1, Chapter 17.
The adopted amendments affect Texas Administrative Code, Title 19, Part 1, Chapter 17, Subchapter B, §§17.30, 17.31, and 17.32.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405086
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6548
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 17, Subchapter E, §17.100 and §17.101, Board Reports and Institutional Reports, without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5884). The rules will not be republished.
The adopted amendments align rules with current agency practices related to producing reports for resource planning.
Rule 17.100 provides that the Board delegates to the Commissioner of Higher Education to approve the required reports listed, including the space projection model, space usage efficiency, and construction costs, as required under Texas Education Code, §§61.0572 and 61.058.
Rule 17.100(1), (2), and (3) amend language to define each of the reports and deletes unnecessary language related to each of the reports.
Rule 17.100(1)(A) provides that the existing General Academic Institutions, Technical Colleges, and State Colleges Formula Advisory Committee and Health-Related Institutions Formula Advisory Committee may review the space projection model as part of tasks assigned to the committees in rule 1.169 and 1.176 as the model is currently in use by the legislature in making appropriations to these institutions of higher education. This replaces a provision currently in the rule providing that the Commissioner may convene a separate committee to review the model and streamlines the process using standing advisory committees.
Rule 17.100(2) deletes duplicative language pertaining to the space usage efficiency report.
Rule 17.100(3) adds the term "Coordinating" to the existing term "Board" to align with proposed definition changes in Subchapter A that specify the three distinct entities of the Board, Coordinating Board, and Board staff.
Rule 17.101 amends terminology throughout the rule to align with the proposed definition changes in Subchapter A that specify the three distinct entities of the Board, Coordinating Board, and Board staff. This allows for the specific identification of responsible parties completing each specified action or report.
Rule 17.101(1)(B) includes an additional use of the data, noting that the facilities inventory data may also be used to calculate the construction cost standard.
Rule 17.101(2)(A)(i) - (iv) removes reporting based on specific dollar thresholds with new language that aligns the thresholds in accordance with language from Article IX, General Provisions, Section 11.03, Statewide Capital Planning, of the Fiscal Year 2024-25 General Appropriations Act.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Education Code, Sections 61.0572 and 61.058, which provide the Coordinating Board with the authority to conduct the facilities programs governed by Chapter 17.
The adopted amendments affect Texas Administrative Code, Title 19, Part 1, Chapter 17.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405087
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6548
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 17, Subchapter F, §§17.110 - 17.114, concerning Facilities Audits without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5886). The rules will not be republished.
The adopted amendments update verbiage in the sections listed individually below.
Rules 17.110 and 17.114 update nomenclature from "THECB staff" to "Board staff" and from "THECB" to "Coordinating Board" in alignment with changes to definitions in Subchapter A. The amendments allow for the specific identification of responsible parties completing each specified action or report.
Rule 17.110(a) removes the use of "approved" from facilities development projects as the Coordinating Board does not approve projects and solely collects data on the projects, in accordance with Texas Education Code, §§61.0572 and 61.058. Additional revisions correct terminology related to educational and general facilities.
Rules 17.111(1), 17.112, and 17.113(a) add the term "Coordinating" to the existing term "Board" to align with definition changes in Subchapter A that specify the three distinct entities of the Board, Coordinating Board, and Board staff. The amendments allow for the specific identification of responsible parties completing each specified action or report.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Education Code, Sections 61.0572 and 61.058, which provide the Coordinating Board with the authority to conduct the facilities programs governed by Chapter 17.
The adopted amendments affect Title 19, Part 1, Chapter 17, Subchapter F, §§17.110 - 17.114.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405088
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6548
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 17, Subchapter G, §17.200, concerning Texas State Technical College System Acquisitions of Land and Facilities, without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5887). The rule will not be republished.
The adopted new section establishes the Texas State Technical College land and facilities projects requiring Coordinating Board approval and the method by which the Coordinating Board would review and consider the projects for approval.
Rule 17.200 ensures a documented approval process for certain Texas State Technical College System land and facilities purchases if the combined value is more than $300,000, in accordance with Texas Education Code, §135.02(c). This differs from facilities related projects at other institutions of higher education for which an institution's Board of Regents has sole authority to approve and the Coordinating Board only receives information on the project.
The rule requires the institution to submit the project in accordance with §17.21, Submission Procedures, and the Coordinating Board to assess the project in accordance with the standards provided under §17.32, Standards for Improved Real Property Purchase Projects.
No comments were received regarding the adoption of the new rule.
The new section is adopted under Texas Education Code, §135.02(c), which requires the Coordinating Board to approve certain Texas State Technical College System land and facilities purchases.
The adopted new section affects Title 19, Part 1, Chapter 17, by adding Subchapter G, §17.200.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405089
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6548
SUBCHAPTER A, GENERAL PROVISIONS
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 21, Subchapter A, §21.2, General Provisions, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5460). The rule will not be republished.
The adopted repeal eliminates a duplicative rule.
Rule 21.2, Determination of Tuition Rate for Nonresident and Foreign Students, is repealed. The provisions of this rule have been incorporated into §13.122 (relating to Determination of Tuition Rate for Nonresident Students) in the new Chapter 13, Subchapter G, Tuition and Fees. Accordingly, this section is duplicative and is eliminated without affecting Coordinating Board operations.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 54.075, which provides the Coordinating Board with the authority to adopt rules to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B.
The adopted repeal affects Texas Education Code, Section 54.051.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405090
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 21, Subchapter SS, §21.2264, Waiver Programs for Certain Nonresident Persons, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5461). The rule will not be republished.
This adopted repeal eliminates a duplicative rule.
Rule 21.2264, General Academic Teaching Institutions Located within 100 Miles of the Texas Border, is repealed. The provisions of this rule have been incorporated into §13.122 (relating to Determination of Tuition Rate for Nonresident Students) in the new Chapter 13, Subchapter G, Tuition and Fees. Accordingly, this section is duplicative and is eliminated without affecting Coordinating Board operations.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 54.075, which provides the Coordinating Board with the authority to adopt rules to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B.
The adopted repeal affects Texas Education Code, Section 54.0601.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405093
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
SUBCHAPTER H. PROVISIONS FOR THE LICENSE PLATE INSIGNIA SCHOLARSHIP PROGRAM
19 TAC §§22.141, 22.143 - 22.147
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 22, Subchapter H, §22.141 and §§22.143 - 22.147, Provisions for the License Plate Insignia Scholarship Program, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5462). The rules will not be republished.
The adopted repeal eliminates unnecessary rules and institutional reporting requirements.
Texas Transportation Code, §504.615, establishes the License Plate Insignia Scholarship Program, which allows for the transfer of funds collected by the Texas Department of Motor Vehicles from the purchase of institution-specific specialty license plates to Texas institutions of higher education to provide financial aid to students with need. Texas Administrative Code, Chapter 22, Subchapter H, includes rules related to institutional responsibilities, student eligibility for associated aid, and allocation and disbursement procedures. Upon review, the Coordinating Board has concluded that the necessary provisions for the agency or participating institutions to meet statutory obligations related to the program already exist in statute or elsewhere in the Coordinating Board's rules. Accordingly, repealing the rules in this subchapter does not affect Coordinating Board operations while advancing its interest in eliminating unnecessary institutional reporting requirements.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Transportation Code, Section 504.615, which establishes the License Plate Insignia Scholarship Program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 22.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405094
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 22, Subchapter O, §22.301 and §22.310, concerning the Texas Leadership Research Scholars Program, without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5888). The rules will not be republished.
The adopted amendments clarify the type of institutions eligible to participate and how the allocation of funds is determined.
Texas Education Code (TEC), Chapter 61, Subchapter T-3, requires the Coordinating Board to adopt rules for the administration of the program, including rules providing for the amount and permissible uses of a scholarship awarded under the program. The amended sections provide clarity and guidance to students, participating institutions, and Coordinating Board staff for the program's implementation.
Rule 22.301, Definitions, provides definitions for words and terms within Texas Leadership Research Scholars rules. The definitions provide clarity for words and terms that are integral to the understanding and administration of the Texas Leadership Research Scholars rules. Specifically, the amended section clarifies that general academic institutions are eligible to participate in the Texas Leadership Research Scholars Program.
Rule 22.310, Scholarship Amounts and Allocation of Funds, outlines the scholarship amounts and how the Coordinating Board will allocate the funds to institutions. The rule provides clarification of the statutory requirements related to the minimum amount of the award and how the amount will be calculated to provide clarity for the annual allocation formula for each institution. Specifically, the amended section outlines how the allocation of initial awards will be determined between eligible institutions, clarifying the data used to determine each eligible institution's share of awarded research doctoral degrees, and if there is insufficient funding to award more than seventy-five initial scholarships the awards will be split between public research and emerging institutions. This calculation ensures that initial scholarship awards are being allocated to institutions successfully graduating research doctorates.
No comments were received regarding the adoption of the amendments.
The amendment is adopted under Texas Education Code, Section 61.897, which provides the Coordinating Board with the authority to adopt rules as necessary to implement the Texas Leadership Research Scholars Program.
The adopted amendment affects Texas Education Code, Sections 61.891 - 61.897.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405096
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6537
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Title 19, Part 1, Chapter 22, Subchapter Q, §22.342, Texas B-On-Time Loan Program, with changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5462). The rule will be republished. The changes to the proposed text reflect the addition of subsection (e) regarding institutional reporting requirements.
This new section governs the allocation and use of remaining funds in the Texas B-On-Time Student Loan Account after its abolition. The Coordinating Board is authorized to establish rules as necessary to administer the B-On-Time Student Loan Program under Texas Education Code (TEC), Section 56.0092.
Section 22.342, Appropriation of Funds from Former B-On-Time Student Loan Account, is adopted to establish the allocation methodology and approved uses of funds remaining in the B-On-Time Student Loan Account after its abolition on September 1, 2024, pursuant to Section 4.07 of Senate Bill 30, 88th Legislative Session. The methodology (which was originally agreed upon in a negotiated rulemaking proceeding following the creation of TEC, Section 56.0092, by House Bill 700, 84th Legislative Session but never adopted into rule) allocates funds among institutions that participated in the B-On-Time Program during Fiscal Years 2007 and 2015 proportionately based on each institution's unused tuition set-asides (i.e., total program disbursements less total program set-asides) for the period. Institutions that disbursed more funds than were set aside during the period did not receive an allocation. Allocated funds must be used to increase the number of at-risk students who graduate from the institutions or the rate at which at-risk students graduate from the institution.
No comments were received regarding the adoption of the new rule.
The new section is adopted under Texas Education Code, Section 56.0092, which provides the Coordinating Board with the authority to establish rules as necessary to administer the B-On-Time Loan Program.
The adopted new section affects Texas Administrative Code, Title 19, Part 1, Chapter 22.
§22.342.Appropriation of Funds from Former B-On-Time Student Loan Account.
(a) Definitions. The following words and terms, when used in this section, shall have the following meanings:
(1) At-Risk Student--An undergraduate student who has previously received a grant under the federal Pell Grant program, met the Expected Family Contribution (EFC) criterion for a grant under that program, or whose total score on the SAT or the ACT, excluding the optional essay test, is less than the national mean of students' scores on the applicable test.
(2) Eligible Institution--A general academic teaching institution described by Texas Education Code, §56.451(2)(A), or a medical and dental unit described by Texas Education Code §56.451(2)(B), as those paragraphs existed immediately before September 1, 2015.
(3) Total Disbursements--The total amount of tuition set-aside funds disbursed by an eligible institution to students for the B-On-Time Loan Program during Fiscal Years 2007 through 2015.
(4) Total Set-Asides--The total amount of tuition funds set aside by an eligible institution for the B-On-Time Loan Program during Fiscal Years 2007 through 2015.
(5) Unused Set-Asides--The amount of funds remaining after subtracting an eligible institution's total disbursements from its total set-asides. If an eligible institution's total disbursements are greater than its total set-asides, the institution's unused set-asides are considered to be zero.
(b) Allocation. After the abolition of the Texas B-On-Time Student Loan Account, the Coordinating Board may allocate any remaining money in the account to eligible institutions. Each eligible institution's proportion of the allocation shall be its unused set-asides divided by the sum of all eligible institutions' unused set-asides.
(c) Verification of Data. Allocation calculations will be shared with all eligible institutions for comment and verification prior to final posting, and the institutions will be given ten (10) working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the allocation report accurately reflects the B-On-Time disbursements for Fiscal Years 2007 through 2015 or to notify the Coordinating Board in writing of any inaccuracies.
(d) An eligible institution that receives an appropriation of money under this section may use the money only to support efforts to increase the number of at-risk students who graduate from the institution or the rate at which at-risk students graduate from the institution.
(e) Reporting. An eligible institution that receives an appropriation of money under this section shall provide the Coordinating Board with a report documenting the amount of its expenditures from funding received under this section and its adherence to subsection (d) of this section in a manner provided by the Commissioner.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405097
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 22, Subchapter V, §§22.570 - 22.577, Texas Science, Technology, Engineering, and Mathematics Challenge Scholarship Program, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5464). The rules will not be republished.
The adopted repeal eliminates the entire subchapter, which is no longer necessary as the program is inoperative.
Texas Education Code, Section 61.9792, provides the Coordinating Board with the authority to adopt rules for the administration of the Texas Science, Technology, Engineering, and Mathematics Challenge Scholarship Program. The program has not been funded and thus has been inoperative for several biennia. Given the number of programs managed by the Coordinating Board and the agency's interest in informing the public accurately about its programmatic offerings, elimination of these rules will provide greater clarity to the public regarding the availability of student financial assistance.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 61.9792, which provides the Coordinating Board with the authority to administer the program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 22.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405098
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 22, Subchapter BB, §§22.751 - 22.757, Nursing Shortage Reduction Program Rider 28 Study Work Group, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5464). The rules will not be republished.
The adopted repeal eliminates the entire subchapter, which is no longer necessary as the study work group completed its function and is now inoperative.
The General Appropriations Act, HB 1, Article III-56, Section 28, Subsection g, 86th Texas Legislature, directed the Coordinating Board to establish the work group and provided authority to adopt rules to govern its operations. The 24-member work group appointed by the Coordinating Board met six times in 2019 and 2020 and issued its final report in October 2020. Pursuant to rule §22.754 and in accordance with Texas Government Code, Chapter 2110, the work group was abolished thereafter. Accordingly, repeal of these rules will not affect agency operations while advancing the agency's interest in informing the public accurately regarding its programmatic offerings and activities.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 61.026, which provides the Coordinating Board with the authority to establish and adopt rules relating to advisory committees.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 22.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405095
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
SUBCHAPTER B. TEACH FOR TEXAS LOAN REPAYMENT ASSISTANCE PROGRAM
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments and new section in Title 19, Part 1, Chapter 23, Subchapter B, §§23.31 - 23.36, Teach for Texas Loan Repayment Assistance Program, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5465). The rules will not be republished.
The adopted amendments and new section align the subchapter with others in Chapter 23 regarding structure, form, and language; eliminate duplicative provisions; and clarify potential ambiguities in existing rules. The Coordinating Board is authorized to establish rules as necessary to administer the Teach for Texas Loan Repayment Assistance Program under Texas Education Code (TEC), Section 56.3575.
Rule 23.31 is amended to make conforming edits to the Authority subsection and include the full range of TEC sections related to the program. These changes align language with similar provisions in other subchapters in Chapter 23.
Rule 23.32 is amended to add a clarifying definition for "public school" and to eliminate unnecessary definitions. The definition for "public school" is already the operational definition for the term and is included to further clarify that otherwise eligible teachers at both traditional public and public charter schools may participate in the program. The definition of "Board" is removed after being made duplicative by the inclusion of a definition for "Coordinating Board" in §23.1 (relating to Definitions) in the general provisions of this chapter. Provisions relating to the education loans of program applicants and participants similarly have been consolidated in §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter, making the definition of "default" in this subchapter unnecessary.
Rule 23.33 is amended to make non-substantive edits to improve clarity and readability. The section is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. Reference to "individual" is changed to "applicant" to conform with usage in other subchapters in the chapter. Eligibility criteria are re-ordered for greater clarity, and the amended rule clarifies that an applicant must have taught full-time for one service period in the last academic year. None of these amendments deviate from current Coordinating Board practice.
Rule 23.34 is amended to clarify the prioritization of eligible applicants when funds are insufficient to offer loan repayment assistance to all eligible applicants. The section is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. The new subsection (b) does not change current prioritization policy but reflects a few clarifying edits to explain potential ambiguities in the current rule language.
Rule 23.35 is created to establish provisions related to the amount of loan repayment assistance available under the program. The new provisions codify the Coordinating Board's current practice of setting the maximum amount of loan repayment assistance annually based on available funding and the number of eligible applicants.
Rule 23.36 is amended to eliminate rule language related to disbursement of loan repayment assistance funds, which now are unnecessary following the creation of §23.3 (relating to Method of Disbursement) in the general provisions of the Chapter 23. The section is retitled to more accurately reflect the section's purpose and to conform with the consistent rule structure and naming convention throughout the chapter. Paragraph (2) codifies the Coordinating Board's practice that the amount of loan repayment assistance may not exceed unpaid principal and interest on an eligible education loan(s). This language is being added to the rules for all Coordinating Board loan repayment assistance programs.
No comments were received regarding the adoption of the new rules and amendments.
The amendments and new section are adopted under Texas Education Code, Section 56.3575, which provides the Coordinating Board with the authority to adopt rules necessary for the administration of the Teach for Texas Loan Repayment Assistance Program.
The adopted amendments and new section affect Texas Administrative Code, Title 19, Part 1, Chapter 23.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405099
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 23, Subchapter B, §23.35, Teach for Texas Loan Repayment Assistance Program, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5467). The rule will not be republished.
The adopted repeal eliminates a duplicative provision. The Coordinating Board is authorized to adopt rules as necessary to administer the program by Texas Education Code (TEC) §56.3575.
Rule 23.35 is repealed. The provisions of this rule have been incorporated into rule §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter. Accordingly, this section is duplicative and is eliminated without affecting Coordinating Board operations.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 56.3575, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Teach for Texas Loan Repayment Assistance Program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 23.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405100
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
19 TAC §§23.62, 23.65 - 23.68, 23.70, 23.71
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Title 19, Part 1, Chapter 23, Subchapter C, §§23.62, 23.65 - 23.68, 23.70, and 23.71, Physician Education Loan Repayment Assistance Program, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5468). The rules will not be republished.
The adopted amendments align the subchapter with others in Chapter 23 regarding structure, form, and language; eliminate duplicative provisions; and clarify potential ambiguities in existing rules.
The Coordinating Board is authorized to establish rules as necessary to administer the Physician Education Loan Repayment Program under Texas Education Code (TEC), Section 61.537.
The subchapter is retitled to conform with the titles of the other subchapters in Chapter 23. Conforming changes to the program title are made throughout the subchapter, specifically in rules 23.62 and 23.71.
Rule 23.62 is amended to make nonsubstantive changes. The appropriate TEC chapter is added to the Authority section to conform with the structure of similar provisions in other subchapters.
Rule 23.65 is amended to eliminate unnecessary definitions and make nonsubstantive, clarifying changes to others. After the creation of a definition for "Coordinating Board" in §23.1 (relating to Definitions) in the general provisions for this chapter, the definition of "Board" in §23.65 is redundant, with all references to "Board" throughout the subchapter changed to "Coordinating Board." Definitions for "CHIP" and "Federally Qualified Health Center" are eliminated due to being used only once throughout the subchapter, and so have been incorporated contextually when they appear. No adopted changes to this rule affect administration of the program.
Rule 23.66 is amended to simplify program eligibility rules so they more clearly reflect Coordinating Board practice. The rule is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. Historically, eligibility for this program has been a two-step process, with applicants establishing initial eligibility for the program - prompted the Coordinating Board to encumber funds - and then, after completing a service period, becoming eligible for disbursement of those funds. These processes have since been combined, with applicants establishing eligibility after their first service period. Accordingly, the existing subsections (a) and (b), which related to these separate stages, have been combined. Further edits were made to clarify certain eligibility criteria, but the adopted rule changes did not change existing program requirements.
Rule 23.67 is amended to clarify how the Coordinating Board prioritizes disbursement in the event that available funds are insufficient to offer loan repayment assistance to all eligible applicants. The rule is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. The adopted changes are not intended to reflect a change in Coordinating Board policy; rather, they are adopted to improve the readability and clarity of the rule. Adopted changes clarify that previously used "highest degree of shortage" language associated with health professional shortage areas (HPSA) is established via the HPSA score of 1 to 25, with higher scores reflecting greater shortage. Subparagraph (3)(B) is clarified to establish that a "rural county" is a county with a population of less than 50,000 persons, which aligns with the Coordinating Board's operational definitions for rural HPSA in this program and "rural county" in other loan repayment programs.
Rule 23.68 is amended to make nonsubstantive edits to provisions related to physicians who establish eligibility for the program based on services to Medicaid or Texas Women's Health Program enrollees. Language in subsection (a) related to a written statement of intent to provide services is eliminated to align with the consolidation of the two-step eligibility process in §23.66. Changes to subsection (b) add detail to current practice related to the Coordinating Board's receipt of Medicaid HMO encounter data from the Health and Human Services Commission.
Rule 23.70 is amended to eliminate outdated provisions related to maximum loan repayment assistance amounts. Existing subsection (a) is eliminated; these provisions related only to individuals who established eligibility for the program before September 1, 2019. Because program eligibility is contingent on consecutive service periods, these provisions are no longer operative and are eliminated. Conforming changes are made throughout the rule.
Rule 23.71 is amended to eliminate unnecessary provisions or potential ambiguities in the program's limitations. Former subsection (b), as with the provisions in §23.70, is outdated and is eliminated without effect. Former subsection (d) simply restates the placement of physicians who qualify for the program via service to Medicaid or Texas Women's Health Program enrollees in the prioritization established in §23.67 and is therefore redundant. Existing subsection (e) is restated as paragraph (3) and clarifies current practice: Good cause for failing to meet program requirements can prevent removal from the program but not non-payment for the service period(s) in question. Subsection (f) was made redundant by the creation of §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of Chapter 23 and is eliminated without effect.
No comments were received regarding the adoption of the amendments.
The amendment is adopted under Texas Education Code, Section 61.537, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Physician Education Loan Repayment Assistance Program.
The adopted amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 23.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405101
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 23, Subchapter C, §§23.63, 23.64, 23.69, 23.72, and 23.73, Physician Education Loan Repayment Program, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5472). The rules will not be republished.
The adopted repeal eliminates rules that have been determined to be unnecessary to the Coordinating Board's operations or duplicative with the General Provisions adopted in Chapter 23, Subchapter A, in July 2024.
The Coordinating Board is authorized to adopt rules as necessary for the administration of the program by Texas Education Code (TEC), Section 61.537.
Rule 23.63 is repealed. The rule's primary purpose is to authorize the Coordinating Board to enter into a memorandum of understanding with the Department of State Health Services. This provision is unnecessary to the administration of the program, and its elimination does not affect Coordinating Board operations.
Rule 23.64 is repealed. The rule directs the Coordinating Board to disseminate information about the program to interested parties, including health-related institutions of higher education, appropriate state agencies, interested professional associations and the public. Outreach to relevant stakeholders is crucial for the success of this and similar programs, but the inclusion of this rule is unnecessary to the administration of the program. Its elimination does not affect Coordinating Board operations.
Rule 23.69 is repealed. The provisions of this rule have been incorporated into rule §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter. Accordingly, this section is duplicative and is eliminated without affecting Coordinating Board operations.
Rule 23.72 is repealed. The provisions of this rule have been incorporated into rule §23.3 (relating to Method of Disbursement) in the general provisions of this chapter. Accordingly, this section is duplicative and is eliminated without affecting Coordinating Board operations.
Rule 23.73 is repealed. The reporting and data collection requirements contained within the rule relate to the Coordinating Board's compliance with an appropriations rider related to the program, most recently Rider 51 (page III-67) within the Coordinating Board's section of the General Appropriations Act (H.B. 1), 88th Texas Legislature, Regular Session. The Coordinating Board has determined that it can continue to meet the requirements of this rider without the rule, which is otherwise unnecessary to the administration of the program. Its elimination does not affect Coordinating Board operations.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 61.537, which provides the Coordinating Board with the authority to adopt rules as necessary for the administration of The Physician Education Loan Repayment Program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 23.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405102
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
19 TAC §§23.93, 23.94, 23.96, 23.97, 23.100 - 23.102
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules and amendments to Title 19, Part 1, Chapter 23, Subchapter D, §23.97 and §23.100, Mental Health Professionals Loan Repayment Assistance Program, with changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5890). The rules will be republished. Sections 23.93, 23.94, 23.96, 23.101, and 23.102 are adopted without changes and will not be republished.
The amendments align the subchapter with others in Chapter 23 regarding structure, form, and language; eliminate duplicative provisions; and clarify potential ambiguities in existing rules. The new sections consolidate provisions from other rules related to program limitations and specific provisions affecting persons who first established eligibility for the program prior to September 1, 2024. The Coordinating Board is authorized to adopt rules as necessary for the administration of the program by Texas Education Code (TEC), Section 61.608.
The subchapter is retitled to conform with the titles of the other subchapters in Chapter 23.
Rule 23.93 is amended to make conforming changes to the subchapter title.
Rule 23.94 is amended by removing three unnecessary definitions and unnecessary portions of another definition. After the creation of a definition for "Coordinating Board" in §23.1 (relating to Definitions) in the general provisions for this chapter, the definition of "Board staff" in §23.94 is redundant, with all references to "Board staff" throughout the subchapter changed to "Coordinating Board." The terms "Local Mental Health Authority" and "Title I school" are used only once each in rule, so the definitions are eliminated and have been incorporated contextually when the terms appear. The definition of "full-time service" is amended to eliminate the listed conditions that constitute eligible service (existing subparagraphs (4)(A) - (D)). These conditions are included in the eligibility criteria described in §23.96 (relating to Eligible Applicants).
Rule 23.94 is further amended by expanding the existing definition of "service period." Specifically, an alternate definition is provided that allows service for at least 9 months of a 12-month academic year by a licensed specialist in school psychology. The existing definition conflicts with the typical employment contract for these individuals, inadvertently disqualifying some otherwise eligible applicants from receiving loan repayment funds. The expanded definition remedies this.
Rule 23.96 is amended to simplify program eligibility rules so they more clearly reflect Coordinating Board practice. The rule is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. Historically, eligibility for this program has been a two-step process, with applicants establishing initial eligibility for the program and then, after completing a service period, becoming eligible for disbursement of funds. These processes have since been combined, with applicants establishing eligibility after their first service period. Accordingly, subsection (a) of this section and repealed §23.98 (related to Eligibility for Disbursement of Loan Repayment Assistance) are consolidated into the amended subsection (a) and the new subsection (b). Eligible practice specialties, previously listed in repealed §23.95, also are incorporated in paragraph (a)(3). Further edits are made to clarify certain eligibility criteria, but the adopted rule changes do not substantively change program requirements. The existing subsection (b) is eliminated and reconstituted within the new §23.102 (relating to Provisions Specific to Mental Health Professionals Who Established Eligibility for the Program Before September 1, 2023).
Rule 23.97 is amended to clarify how the Coordinating Board prioritizes disbursement in the event that available funds are insufficient to offer loan repayment assistance to all eligible applicants. The rule is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. Existing subsections (b) and (c) are removed and reconstituted in §23.101 (relating to Limitations). The prioritization process in new subsection (b), which consolidates existing subsections (d), (e), and (f), is slightly amended in three substantive ways. First, subparagraph (b)(1)(C) is clarified to align with current practice that "MHPSA scores that reflect the highest degrees of shortage" means that the Coordinating Board ranks applications by MHPSA score in descending order, starting with applications with the highest score. Also, subparagraph (b)(1)(E) is amended to reflect that "rural area," which previously was not defined in rule, means a county with a population of less than 50,000 persons, which is the Coordinating Board's operational definition for the term in all loan repayment programs. Finally, paragraph (b)(2) is added based on the existing subsection (f) but further clarified that renewal applications from licensed marriage and family therapists are prioritized over initial applications. Existing subsection (g) is amended to clarify that the Coordinating Board only will use this provision in the event that insufficient funds are available to provide full loan repayment amounts to eligible renewal applicants.
Rule 23.100 is amended by adding some provisions that previously existed elsewhere in the subchapter and removing provisions that are relocated to other rules. Existing subsection (a) is redundant with provisions within §23.3 (relating to Methods of Disbursement) in the general provisions of this chapter and is removed. Existing subsection (b) and paragraph (e)(1) are removed and relocated to new §23.102 (relating to Provisions Specific to Mental Health Professionals Who Established Eligibility for the Program Before September 1, 2023). New subsection (a) has "on or after September 1, 2023" language removed to make it the clear default state and is rephrased to combine the provisions of existing subsection (c) and paragraph (e)(2). Existing subsection (d) is removed and reconstituted in §23.101 (relating to Limitations).
Rule 23.101 is created to consolidate various program limitations that previously were spread throughout the subchapter. Paragraphs (1) and (2) are the reconstituted §23.97(b) and (c); paragraph (3) is the reconstituted §23.100(d); and paragraph (4) codifies existing Coordinating Board practice that loan repayment assistance amounts may never exceed unpaid principal and interest owed on eligible education loans.
Rule 23.102 is created to consolidate provisions that specifically apply to providers who established eligibility for the program prior to September 1, 2023. Subsections (a) and (b) are the reconstituted §23.96(b), (c), and (d), with changes to reflect the elimination of the outdated "two-step" eligibility process in rule; and subsection (c) is the reconstituted and consolidated §23.100(b) and (e)(1).
Subsequent to the posting of the rules in the Texas Register, the following changes were incorporated into the adopted rule.
Subsection §23.97(c) - which, when the proposed rules were posted in the Texas Register, appeared as §23.100(d) - was instead amended to clarify that the Coordinating Board will only conduct an equitable reduction of loan repayment assistance amounts in the event that insufficient funds were available to provide full loan repayment amounts to eligible renewal applicants. This change was made to provide greater predictability to program applicants regarding Coordinating Board decisions regarding assistance amounts.
The following comments were received regarding the adoption of the amendments and new rules.
Comment: The Texas Hospital Association (THA) commented with four recommendations to the proposed rule, specifically: (1) change the definition of "rural county" in rule to align with that of the state's most recent General Appropriations Act (e.g. Article II, Rider 8); (2) apply the subsequent ranking criteria in §23.97(b)(1) within the class of renewal applications; (3) introduce a process to ensure that applicants receiving prioritization for practicing in a demographic Mental Health Professional Shortage Area (MHPSA) are actually providing care to that demographic group; and (4) commit to fully funding eligible applicants according to established ranking criteria in §23.97 rather than reducing funds for all providers.
Response: The Coordinating Board appreciates these recommendations.
For recommendation (1), there are numerous definitions of rurality in Texas statutes and administrative rules, including the one cited in THA's comment. The definition of "rural county" in the adopted rules was selected to align with similar definitions in the Nurse Loan Repayment Assistance Program and Physician Education Loan Repayment Assistance Program, allowing for greater operational efficiency and consistency. Accordingly, the Coordinating Board takes no action on this recommendation at this time.
For recommendation (3), the Coordinating Board shares THA's goal of ensuring applicants who qualify by practicing in a demographic MHPSA actually provide care to that demographic group; however, the application review and employer certification processes already accomplish this aim. §23.96(a)(4)(A) specifies that to be eligible, an applicant working in an MHPSA must provide direct patient care to Medicaid enrollees, Children's Health Insurance Program enrollees, and/or persons in secure correctional facilities operated by the Texas Department of Criminal Justice or Texas Juvenile Justice Department. To ensure applicants meet these criteria, the Coordinating Board requires the applicant's employer to certify that the applicant practices in an MHPSA and provides direct care to these populations. The Coordinating Board believes this process is sufficient to accomplish the stated goal, so it takes no action on this recommendation at this time.
For recommendations (2) and (4), the Coordinating Board agrees generally that greater transparency is required regarding the two distinct means by which the Coordinating Board can address insufficient program funds to provide loan repayment assistance to all eligible applicants. Accordingly, the adopted rule was amended to clarify that the Coordinating Board will only use equitable reduction provision in §23.97(c) (this provision also was relocated from §23.100 since the rules were posted in the Texas Register) in the event that insufficient funds were available to provide full loan repayment amounts to eligible renewal applicants. In all other cases, the Coordinating Board would use the prioritization criteria listed in §23.97(b).
The amendments and new sections are adopted under Texas Education Code, Section 61.608, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Loan Repayment Program for Mental Health Professionals.
The adopted amendments and new sections affect Texas Administrative Code, Title 19, Part 1, Chapter 23.
§23.97.Applicant Ranking Priorities.
(a) Each fiscal year an application deadline will be posted on the program web page.
(b) If there are not sufficient funds to offer loan repayment assistance for all eligible providers, applications shall be prioritized as follows:
(1) Applications from eligible providers from practice specialties described in §23.96(a)(3)(A) - (G) of this subchapter (relating to Applicant Eligibility), ranked by the following criteria:
(A) renewal applications;
(B) applications from providers who sign SLRP contracts;
(C) applications from providers whose employers are located in an MPHSA, prioritizing higher MHPSA scores. If a provider works for an agency located in an MHPSA that has satellite clinics and the provider works in more than one of the clinics, the highest MHPSA score where the provider works shall apply. If a provider travels to make home visits, the provider's agency base location and its MHPSA score shall apply. If a provider works for different employers in multiple MHPSAs having different degrees of shortage, the location having the highest MHPSA score shall apply;
(D) applications from providers in state hospitals;
(E) applications from providers whose employers are located in counties with a population of less than 50,000 persons. In the case of providers serving at multiple sites, at least 75 percent of their work hours are spent serving in counties with a population of less than 50,000 persons; and
(F) applications received on the earliest dates; and
(2) Applications from eligible providers from the practice specialty described in §23.96(a)(3)(H) of this subchapter, ranked by the following criteria:
(A) renewal applications; and
(B) applications received on the earliest dates.
(c) If state funds are not sufficient to allow for maximum loan repayment assistance amounts stated in §23.100 of this subchapter (relating to Amount of Repayment Assistance) for all eligible applicants described by subparagraph (b)(1)(A) of this section, the Coordinating Board shall adjust in an equitable manner the state-funded distribution amounts for a fiscal year, in accordance with Texas Education Code, §61.607(d).
§23.100.Amount of Repayment Assistance.
(a) Repayment assistance for each service period will be determined by applying the following applicable percentage to the lesser of the maximum total amount of assistance allowed for the provider's practice specialty, as established by §23.101 of this subchapter (relating to Limitations), or the total student loan debt owed at the time the provider established eligibility for the program:
(1) for the first service period, 33.33 percent;
(2) for the second service period, 33.33 percent; and
(3) for the third service period, 33.34 percent.
(b) An eligible provider may receive prorated loan repayment assistance based on the percentage of full-time service provided for each service period, for a minimum of twenty (20) hours per week.
(c) Failure to meet the program requirements will result in non-payment for the applicable service period(s) and, except under circumstances determined by the Coordinating Board to constitute good cause, removal from the program.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405103
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 427-6365
19 TAC §§23.95, 23.98, 23.99, 23.101
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 23, Subchapter D, §§23.95, 23.98, 23.99, and 23.101, Loan Repayment Program for Mental Health Professionals, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5473). The rules will not be republished.
The adopted repeal consolidates provisions into other rules to better reflect Coordinating Board practices or eliminates rules that are duplicative with the General Provisions adopted in Chapter 23, Subchapter A, in July 2024.
The Coordinating Board is authorized to adopt rules as necessary for the administration of the program by Texas Education Code (TEC), Section 61.608.
Rule 23.95 is repealed. The eligible practice specialties delineated in this section are incorporated into rule §23.96 (relating to Applicant Eligibility).
Rule 23.98 is repealed. Historically, eligibility for this program has been a two-step process, with applicants establishing initial eligibility for the program and then, after completing a service period, becoming eligible for disbursement of funds. These processes have since been combined, with applicants establishing eligibility after their first service period. Accordingly, the relevant provisions of this rule are incorporated into rule §23.96 (related to Applicant Eligibility), and this section is repealed without effect.
Rule 23.99 is repealed. The provisions of this rule have been incorporated into rule §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter. Accordingly, this section is duplicative and is eliminated without affecting Coordinating Board operations.
Rule 23.101 is repealed. The rule directs the Coordinating Board to disseminate information about the program to interested parties, including institutions of higher education, appropriate state agencies, and interested professional associations. Outreach to relevant stakeholders is crucial for the success of this and similar programs, but the Coordinating Board has determined that it can continue to accomplish this task without the rule, which is otherwise unnecessary for the administration of the program. Its elimination does not affect Coordinating Board operations.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 61.608, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Loan Repayment Program for Mental Health Professionals.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 23.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405104
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
19 TAC §§23.209 - 23.212, 23.215, 23.216
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments and new rules in Title 19, Part 1, Chapter 23, Subchapter H, §§23.209 - 23.212, 23.215, and 23.216, Peace Officer Loan Repayment Assistance Program, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5474). The rules will not be republished.
The adopted amendments align the subchapter with others in Chapter 23 regarding structure, form, and language; eliminates duplicative provisions; and clarifies potential ambiguities in existing rules. The new section consolidates program limitations into a single rule.
The Coordinating Board is authorized to establish rules as necessary to administer the Peace Officer Loan Repayment Program under Texas Education Code (TEC), Section 61.9959.
Rule 23.209 is amended to make nonsubstantive changes to the program's purpose statement. Because eligibility for the program is established after the first service period, the statement is rephrased to "maintain" - rather than "agree to continued" - employment, and the phrase "for a specified period" is removed because program eligibility is not tied to a specific number of consecutive periods of service.
Rule 23.210 is amended to eliminate two unnecessary definitions and make one clarifying edit to an existing definition. After the creation of a definition for "Coordinating Board" in §23.1 (relating to Definitions) in the general provisions for this chapter, the definition of "Board" in §23.210 is redundant, with all references to "Board" throughout the subchapter changed to "Coordinating Board." The term "full-time" is used only once in the substantive portions of the subchapter, and so the definition has been incorporated contextually when it appears. The definition for "eligible institution" is clarified to use the full term, "institution of higher education" in reference to both public and private institutions to more closely reflect the statutory definition referenced in rule. The substance of the definition is unchanged.
Rule 23.211 is amended to clarify program eligibility rules so they more clearly reflect Coordinating Board practice. To align with other subchapters in Chapter 23, participants in the program are referred to as "applicants" before establishing eligibility and by their profession thereafter - in this case, "peace officers." Employer verification, currently included as an element of the submitted application in subparagraph (2)(A), is moved to paragraph (3), reflecting that it is a distinct part of the eligibility process and not part of the application itself. The new subparagraph (2)(B) consolidates renewal applications - previously located in repealed §23.213(b) (relating to Eligibility for Disbursement of Loan Repayment Assistance) into the overall eligibility section. The required statements in existing subparagraphs (2)(E) and (F) reflect an outdated version of the application submitted to the Coordinating Board for this program and are eliminated to reflect current practice and better align to the statutory requirements for eligibility.
Rule 23.212 is amended to clarify how the Coordinating Board prioritizes disbursement in the event that available funds are insufficient to offer loan repayment assistance to all eligible applicants. Existing subsections (b) and (c) are consolidated and rewritten for clarity; the substance of these provisions is unchanged.
Rule 23.215 is amended to relocate provisions to the new §23.216 (relating to provisions) and make nonsubstantive edits.
Rule 23.216 is created to consolidate program limitations previously included in §23.215 (related to Amount of Repayment Assistance). Paragraph (2) is the reconstituted §23.215(b) but is modified slightly by codifying the Coordinating Board's current practice that loan repayment assistance amounts may never exceed unpaid principal and interest owed on eligible education loans.
No comments were received regarding the adoption of the amendments and new rule.
The amendments and new section are adopted under Texas Education Code, Section 61.9959, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Peace Officer Loan Repayment Assistance Program.
The adopted amendments and new section affect Texas Administrative Code, Title 19, Part 1, Chapter 23.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405105
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
19 TAC §§23.213, 23.214, 23.216
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 23, Subchapter H, §§23.213, 23.214, and 23.216, Peace Officer Loan Repayment Assistance Program, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5476). The rules will not be republished.
The adopted repeal eliminates rules that have been determined to be unnecessary to the Coordinating Board's operations or duplicative of the General Provisions adopted in Chapter 23, Subchapter A, in July 2024.
The Coordinating Board is authorized to adopt rules as necessary for the administration of the program by Texas Education Code (TEC), §61.9959.
Rule 23.213 is repealed. The provisions contained within this section are consolidated into other rules to allow the structure of this subchapter to align with others in Chapter 23. Specifically, subsection (a) is moved to new rule §23.216 (relating to Limitations), and subsection (b) is moved to rule §23.211 (relating to Applicant Eligibility).
Rule 23.214 is repealed. The provisions of this rule have been incorporated into rule §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter. Accordingly, this section is duplicative and is eliminated without affecting Coordinating Board operations.
Rule 23.216 is repealed. The section's only provision is a requirement for the Coordinating Board to post a link to adopted rules for this program and other program materials on its website. This requirement is duplicative of TEC, §61.9959(b), and, although public outreach and education regarding the Coordinating Board's programmatic offerings are key to the success of this and similar programs, the rule itself is unnecessary to the administration of the program. Its elimination does not affect Coordinating Board operations.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 61.9959, which provides the Coordinating Board with the authority to adopt rules necessary for the administration of the Peace Officer Loan Repayment Assistance Program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 23.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405106
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
19 TAC §§23.286 - 23.289, 23.293 - 23.295
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments and new rules in Title 19, Part 1, Chapter 23, Subchapter J, §§23.286 - 23.289 and 23.293 - 23.295, Math and Science Scholars Loan Repayment Assistance Program, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5477). The rules will not be republished.
The amendments and new section align the subchapter with others in Chapter 23 regarding structure, form, and language; eliminate duplicative provisions; and clarify potential ambiguities in existing rules; and the new section consolidates provisions specific to persons who established eligibility for the program prior to September 1, 2023.
The Coordinating Board is authorized to establish rules as necessary to administer the Math & Science Scholars Loan Repayment Program under Texas Education Code (TEC), Section 61.9840.
The subchapter is retitled to conform with the titles of the other subchapters in Chapter 23. Conforming changes to the program title are made throughout the subchapter.
Rule 23.286 is amended to align the subchapter's authority statement with that of other subchapters in Chapter 23. The purpose statement is revised to avoid any potential confusion related to the required length of service, which is included in the rules related to eligibility.
Rule 23.287 is amended to eliminate two unnecessary definitions and codify the Coordinating Board's existing operational definition for "public school" for this program. The terms "Commissioner" and "Coordinating Board" are defined in §23.1 (related to Definitions) in the general provisions of this chapter and are therefore duplicative in this rule. The term "employment service period" is changed to "service period" to align with usage in this subchapter and with other subchapters in Chapter 23. The definition for "public school" in paragraph (2) already is the operational definition for the term and is included to further clarify that otherwise eligible teachers employed at either traditional public or public charter schools may participate in the program.
Rule 23.288 is amended to simplify program eligibility rules so they more clearly reflect Coordinating Board practice. The rule is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. Historically, eligibility for this program has been a two-step process, with applicants establishing initial eligibility for the program and then, after completing a service period, becoming eligible for disbursement of funds. These processes have since been combined, with applicants establishing eligibility after their first service period. Accordingly, the former subsection (b) and repealed §23.291 are combined into the new eligibility criteria, with conforming changes made throughout the rule to make the consolidation fit logically. The existing subsection (a) is relocated to the new §23.295 (relating to Provisions Specific to Teachers Who Established Eligibility for the Program Based on an Application Submitted Prior to September 1, 2023). New paragraph (3) now includes clarifying language that the Coordinating Board will specify the eligible majors biennially that constitute "an undergraduate or graduate program in mathematics or science" to alleviate confusion for potential applicants. Overall, eligibility criteria for the program remain unchanged.
Rule 23.289 is amended to clarify the means by which the Coordinating Board will rank applications in the event that funds available are insufficient to offer loan repayment to all eligible applicants. The rule is retitled to conform to a consistent rule structure and naming convention throughout Chapter 23. Subsections (a) and (b) are combined, along with a number of nonsubstantive edits for clarity. The prioritization process remains unchanged.
Rule 23.293 is amended to eliminate or relocate provisions to better align with other subchapters in Chapter 23. The rule is retitled to reflect its remaining provision: setting the annual amount of repayment assistance offered to eligible applicants. Subsection (a) is duplicative with §23.3 (relating to Method of Disbursement) and is eliminated. Subsection (c) is relocated to §23.295 (relating to Provisions Specific to Teachers Who Established Eligibility for the Program Based on an Application Submitted Prior to September 1, 2023). Subsection (d) is relocated to §23.294 (relating to Limitations).
Rule 23.294 is amended to consolidate various program limitations that were previously dispersed throughout the subchapter in a single rule. Paragraph (a)(3) is the reconstituted §23.293(d). Paragraph (a)(4) codifies the existing Coordinating Board practice of not offering an amount of loan repayment assistance that exceeds the unpaid principal and interest on an eligible education loan. Subsection (b) is the reconstituted §23.290(b).
Rule 23.295 is created to consolidate provisions affecting persons who established eligibility for the program prior to September 1, 2023. Subsection (a) is the reconstituted and combined §23.288(a) and §23.291(a), and subsection (b) is the reconstituted §23.290(a).
No comments were received regarding the adoption of the new rule and amendments.
The amendments and new section are adopted under Texas Education Code, Section 61.9840, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Math & Science Scholars Loan Repayment Program.
The adopted amendments and new section affect Texas Administrative Code, Title 19, Part 1, Chapter 23.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405107
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts repeal of Title 19, Part 1, Chapter 23, Subchapter J, §§23.290 - 23.292, Math and Science Scholars Loan Repayment Program, without changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5481). The rules will not be republished.
The adopted repeal consolidates provisions into other rules to better reflect Coordinating Board practices or eliminates rules that are duplicative with the General Provisions in Chapter 23, Subchapter A, adopted by the Board in July 2024.
The Coordinating Board is authorized to adopt rules as necessary for the administration of the program by Texas Education Code (TEC), Section 61.9840.
Rule 23.290 is repealed. To better align the structure of the subchapter to others in Chapter 23, the provisions within this section are relocated elsewhere in the subchapter. Subsection (a) is relocated to new rule §23.295(b) (relating to Provisions Specific to Teachers Who Established Eligibility for the Program Based on an Application Submitted Prior to September 1, 2023) and subsection (b) is relocated to rule §23.294(b) (relating to Limitations).
Rule 23.291 is repealed. Historically, eligibility for this program has been a two-step process, with applicants establishing initial eligibility for the program and then, after completing a service period, becoming eligible for disbursement of funds. These processes have since been combined, with applicants establishing eligibility after their first service period. Accordingly, subsection (a) is incorporated into eligibility criteria established in new rule §23.295(a) (relating to Provisions Specific to Teachers Who Established Eligibility for the Program Based on an Application Submitted Prior to September 1, 2023) and subsection (b) is similarly incorporated into rule §23.288 (relating to Applicant Eligibility).
Rule 23.292 is repealed. The provisions of this rule have been incorporated into rule §23.2 (relating to Eligible Lender and Eligible Education Loan) in the general provisions of this chapter. Accordingly, this section is duplicative and can be eliminated without affected Coordinating Board operations.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Education Code, Section 61.9840, which provides the Coordinating Board with the authority to adopt rules as necessary to administer the Math & Science Scholars Loan Repayment Program.
The adopted repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 23.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 25, 2024.
TRD-202405108
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 14, 2024
Proposal publication date: July 26, 2024
For further information, please call: (512) 427-6365